Eric Van Zandt v. Prescott Legal Search, Inc. and Larry Prescott--Appeal from 201st District Court of Travis County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-06-00196-CV Eric Van Zandt, Appellant v. Prescott Legal Search, Inc. and Larry Prescott, Appellees FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT NO. GN501708, HONORABLE WILLIAM E. BENDER, JUDGE PRESIDING MEMORANDUM OPINION Appellant Eric Van Zandt seeks to appeal from a district court judgment rendered October 10, 2005, dismissing his petition for bill of review as untimely and without merit. Van Zandt filed a motion for new trial and a request for findings of fact and conclusions of law on November 15, 2005. The district court denied the motion for new trial on January 3, 2006.1 Van Zandt filed an untimely notice of appeal with the district court clerk on March 22, 2006, 163 days after the judgment was signed. See Tex. R. App. P. 26.1(a)(1). Under the circumstances, we lack jurisdiction to dispose of the purported appeal in any manner other than by dismissing it for want of It is unclear whether the district court had plenary power to render its order. See Tex. R. Civ. P. 329b. 1 jurisdiction. Tex. R. App. P. 42.3(a); Grondona v. Sutton, 991 S.W.2d 90, 93 (Tex. App.—Austin 1998, pet. denied). Bob Pemberton, Justice Before Chief Justice Law, Justices Patterson and Pemberton Dismissed for Want of Jurisdiction Filed: May 12, 2006 2