Oak Manor Municipal Utility District v. Kenneth Laughery and William King--Appeal from 149th District Court of Brazoria County

IN THE

TENTH COURT OF APPEALS

No. 10-93-206-CV

OAK MANOR MUNICIPAL UTILITY DISTRICT,

Appellant

v.

KENNETH LAUGHERY AND WILLIAM KING,

Appellees

From the 149th District Court

Brazoria County, Texas

Trial Court # 92M2521-1

MEMORANDUM OPINION

This is an attempted appeal from a final judgment signed on May 4, 1993.

A motion for a new trial was filed on June 2. Thus, the notice of appeal was due on August 2, ninety days after the judgment was signed. See Tex. R. App. P. 41(a)(1). The notice of appeal was not filed until August 10, eight days too late. Due to the failure to comply with the time requirements of Rule 41, this appeal is subject to dismissal for want of jurisdiction.

Laughery and King, the appellees, have filed a motion for affirmance, pursuant to Rule 60(a)(1). See id. 60(a)(1). This rule authorizes such a motion when an appeal is subject to dismissal for want of jurisdiction. Pursuant to Rule 60(a)(1), we grant the motion for affirmance.

Oak Manor has filed a motion to extend the time to file its appellate brief. Because of our disposition of this attempted appeal, this motion is denied.

The trial court's judgment is affirmed.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Affirmed

Opinion delivered and filed October 27, 1993

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