Vivian Alford v. Barbara Stroll Appeal from 127th District Court of Harris County (memorandum opinion per curiam)
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Opinion issued September 28, 2021 In The Court of Appeals For The First District of Texas ———————————— NO. 01-21-00365-CV ——————————— VIVIAN ALFORD, Appellant V. BRAD SNYDER, M.D., BARBARA STOLL, M.D., GIUSEPPE N. COLASURDO, M.D., AND UT PHYSICIANS, Appellees On Appeal from the 127th District Court Harris County, Texas Trial Court Case No. 2019-88452 MEMORANDUM OPINION Appellant, Vivian Alford, filed a notice of appeal of the trial court’s September 19, 2020 final judgment. We dismiss the appeal for lack of jurisdiction. Generally, a notice of appeal is due within thirty days after the trial court signs its judgment. See TEX. R. APP. P. 26.1. The deadline to file a notice of appeal is extended to ninety days after the judgment is signed if, within thirty days after the judgment is signed, a party timely files a motion for new trial, motion to modify the judgment, motion to reinstate, or, under certain circumstances, a request for findings of fact and conclusions of law. See TEX. R. APP. P. 26.1(a); see also TEX. R. CIV. P. 329b. The time to file a notice of appeal may also be extended if, within fifteen days after the deadline to file the notice of appeal, a party files a notice of appeal and a motion for extension of time to file a notice of appeal that complies with Texas Rule of Appellate Procedure 10.5(b). See TEX. R. APP. P. 10.5(b), 26.3. Here, the trial court signed the final judgment on September 19, 2020. The record does not reflect that any post-judgment motions extending the notice-of-appeal deadline were filed. Appellant’s notice of appeal was due within thirty days after the trial court’s judgment was signed—on or before October 19, 2020—or by November 3, 2020, with a fifteen-day extension. TEX. R. APP. P. 26.1, 26.3. Appellant filed her notice of appeal on July 1, 2021. Without a timely filed notice of appeal, we lack jurisdiction over an appeal. See TEX. R. APP. P. 25.1. On September 2, 2021, the Clerk of this Court notified appellant that her appeal was subject to dismissal for lack of jurisdiction unless, by September 16, 2021, appellant filed a written response demonstrating that this Court has jurisdiction over her appeal. See TEX. R. APP. P. 42.3(a). Appellant did not adequately respond. On September 17, 2021, appellees, Brad Snyder, M.D., Barbara 2 Stoll, M.D., and Giuseppe N. Colasurdo, M.D., filed a motion to dismiss the appeal for lack of jurisdiction. Accordingly, we grant the motion to dismiss the appeal for lack of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f). We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Goodman, Landau, and Countiss. 3
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