The opinion
Opinion issued November 22, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-16-00364-CV
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ELDA LUMBRERAS, Appellant
V.
ALLY FINANCIAL INC, Appellee
On Appeal from the County Civil Court at Law No. 4
Harris County, Texas
Trial Court Case No. 1045333
MEMORANDUM OPINION
Appellant Elda Lumbreras filed a notice of appeal on May 3, 2016, stating
that she desired to appeal a judgment signed on December 11, 2015. Appellant filed
a motion for new trial on January 11, 2016. Because the notice of appeal was not
timely filed, we dismiss.
As a general rule, a notice of appeal is due within thirty days after the signing
of the judgment. See TEX. R. APP. P. 26.1. The deadline is extended to ninety days
after the judgment is signed if a party files a timely post-judgment motion under
Rule 329b, or in some cases, a request for findings of fact and conclusions of law.
See id.; TEX. R. CIV. P. 329b(a), (g).
Appellant’s notice of appeal is untimely. The motion for new trial extended
the deadline for filing the notice of appeal to March 11, 2016. The notice of appeal
filed on May 3, 2016 was more than 140 days after the date of judgment and more
than 50 days after the deadline for filing the notice of appeal. Without a timely filed
notice of appeal, this court lacks jurisdiction. See TEX. R. APP. P. 25.1. We notified
appellant of our intent to dismiss and allowed an opportunity to respond, but
appellant filed no response. See TEX. R. APP. P. 42.3.
Because we have no jurisdiction, we dismiss this appeal. * TEX. R. APP. P.
42.3(a); 43.2(f). Any pending motions are dismissed as moot.
PER CURIAM
Panel consists of Justices Massengale, Brown, and Huddle.
*
The appeal in cause number 01-16-00235-CV of the February 9, 2016 order
dismissing the bill of review is unaffected by this opinion and judgment and
remains pending.
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