Billy Caffey, Individually and as Personal Representative of the Estate of Brian W. Caffey v. American Medical Response of Texas, Inc.; AMR Employee No. 230/EMTP Attendant D. Stevens; and AMR Employee No. 139/EMTP Unknown DriverAppeal from 20th District Court of Milam County (memorandum opinion )
Annotate this Case
Download PDF
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00631-CV Billy Caffey, Individually and as Personal Representative of the Estate of Brain W. Caffey, Appellant v. American Medical Response of Texas, Inc.; AMR Employee No. 230/EMTP Attendant D. Stevens; and AMR Employee No. 139/EMTP Unknown Driver, Appellees FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT NO. CV35,213, HONORABLE JOHN YOUNGBLOOD, JUDGE PRESIDING MEMORANDUM OPINION Appellant filed a notice of appeal on August 1, 2013. He has attempted to appeal from a judgment signed on April 15, 2013. Because appellant filed a motion for new trial on May 15, 2013, the deadline for filing his notice of appeal was July 15, 2013. See Tex. R. App. P. 26.1(a) (notice of appeal must be filed within 90 days after judgment signed when motion for new trial timely filed). The deadline for filing a motion for extension of time to file his notice of appeal was July 30, 2013. See Tex. R. App. P. 26.3 (allowing 15-day extension of notice of appeal deadline). On October 9, 2013, we sent a letter to appellant stating our concern that we lacked jurisdiction over this appeal because the notice of appeal was not timely filed. See Tex. R. App. P. 25.1(b), 26.1, 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant responded to our letter, asking for this Court to grant an out of time appeal. The time for filing a notice of appeal, however, is jurisdictional and, absent a timely filed notice of appeal or extension request, we must dismiss the appeal. See Tex. R. App. P. 2, 25.1(b), 26.3; Verburgt, 959 S.W.2d at 617. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). __________________________________________ Melissa Goodwin, Justice Before Justices Puryear, Rose, and Goodwin Dismissed for Want of Jurisdiction Filed: November 6, 2013 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
