SCR Group, Inc. d/b/a Southern California Roofing v. HEB Grocery Company, LP--Appeal from 73rd Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-07-00459-CV
SCR GROUP, INC., d/b/a/ Southern California Roofing,
Appellant
v.
HEB GROCERY COMPANY, L.P.,
Appellee
From the 73rd Judicial District Court, Bexar County, Texas
Trial Court No. 2005-CI-20139
Honorable Janet Littlejohn, Judge Presiding

PER CURIAM

 

Sitting: Alma L. L pez, Chief Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: October 24, 2007

 

DISMISSED FOR LACK OF JURISDICTION

 

The trial court signed the final judgment on March 9, 2007. Appellant filed a timely Motion for New Trial on April 5, 2007, which was overruled by the trial court on June 1, 2007. Therefore, the notice of appeal was due to be filed on June 8, 2007. A motion for extension of time to file the notice of appeal was due to be filed on June 25, 2007. See Tex. R. App. P. 26.3. No motion for extension of time to file a notice of appeal was filed. Appellant filed its notice of appeal on July 5, 2007. On August 21, 2007, we issued an order that appellant show cause, in writing, why this appeal should not be dismissed for lack of jurisdiction.

Appellant filed a response on September 28, 2007, as well as, a Petition for Writ of Mandamus with this court seeking issuance of a writ of mandamus requiring the Honorable Janet Littlejohn hold a hearing and issue an order with regard to appellant's motion to extend post-judgment deadlines. The Petition for Writ of Mandamus was denied by this court on October 10, 2007. Accordingly, appellant's notice of appeal is untimely. "Because this court is without jurisdiction to consider an appeal that is not timely perfected, we must dismiss this appeal for want of jurisdiction." Grondoma v. Sutton, 991 S.W.2d 90, 93 (Tex. App.--Austin 1998, pet. denied). The appeal is therefore dismissed for want of jurisdiction.

PER CURIAM