Dufek Massif Hospital Corporation and Edward T. Laborde, Jr. v. SHC Services, Inc., d/b/a Supplemental Health Care Appeal from 116th Judicial District Court of Dallas County (memorandum opinion by chief justice wright)

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DISMISS and Opinion Filed December 9, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01238-CV DUFEK MASSIF HOSPITAL CORPORATION D/B/A UNIVERSITY GENERAL HOSPITAL AND EDWARD T. LABORDE, Appellants V. SHC SERVICES, INC., D/B/A SUPPLEMENTAL HEALTH CARE, Appellee On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-01940 MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Stoddart Opinion by Chief Justice Wright Before the Court is appellants’ October 9, 2015 motion for an extension of time to file a notice of appeal, appellee’s response and supplemental response, and appellant’s reply to the response. Where a party files a timely motion for new trial, a notice of appeal is due ninety days after the date the judgment is signed. See TEX. R. APP. P. 26.1(a). A party may obtain an extension of time to file a notice of appeal if, within fifteen days after the deadline, the party files a notice of appeal and an extension motion complying with rule of appellate procedure 10.5(b). See TEX. R. APP. P. 26.3(a), (b), 10.5(b). An appellate court cannot alter the time for perfecting an appeal in a civil case. See TEX. R. APP. P. 2. In the absence of a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b). The trial court signed the judgment on June 23, 2015. Appellants filed a timely motion for new trial on July 13, 2015. Accordingly, the notice of appeal was due September 21, 2105 or, with a motion for extension, on Tuesday, October 6, 2015. See TEX. R. APP. P. 26.1(a), 26.3. Appellants filed their notice of appeal on October 7, 2015, one day past the deadline. Because appellants failed to file a notice of appeal within the time provided for in the rules of appellate procedure, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b). We deny appellant’s motion and dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). 151238F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DUFEK MASSIF HOSPITAL CORPORATION D/B/A UNIVERSITY GENERAL HOSPITAL AND EDWARD T. LABORDE, JR., Appellants No. 05-15-01238-CV On Appeal from the 116th Judicial District Court, Dallas County, Texas. Trial Court Cause No. DC-15-01940. Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating. V. SHC SERVICES, INC., D/B/A SUPPLEMENTAL HEALTH CARE, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee SHC SERVICES, INC., D/B/A SUPPLEMENTAL HEALTH CARE recover its costs of this appeal from appellants DUFEK MASSIF HOSPITAL CORPORATION D/B/A UNIVERSITY GENERAL HOSPITAL AND EDWARD T. LABORDE, JR. Judgment entered December 9, 2015. –3–

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