Michael R. Benbo v. Riley Tilly, et al--Appeal from 349th District Court of Anderson County

MARY'S OPINION HEADING NO. 12-02-00074-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

MICHAEL R. BENBO,

 
APPEAL FROM THE 349TH

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

RILEY TILLEY, ET AL.,

APPELLEES

 
ANDERSON COUNTY, TEXAS
PER CURIAM

This appeal is being dismissed for want of jurisdiction pursuant to Texas Rule of Appellate Procedure 42.3(a). The trial court's judgment was signed on October 29, 2001. Any motion for new trial or other post judgment motion was due thirty days after the judgment was signed, i.e., November 28, 2001. Tex. R. Civ.. P. 329b(a). Under Texas Rule of Appellate Procedure 26.1(a), if Appellant timely filed a motion for new trial or other post judgment motion which extended the appellate deadlines, his notice of appeal was due to have been filed "within 90 days after the judgment [was] signed," i.e., January 28, 2002. Appellant filed a Motion to Set Aside and Reinstate on December 3, 2001. He filed a notice of appeal on February 26, 2002. Assuming, without deciding, that Appellant's Motion to Set Aside and Reinstate extended the deadline for filing his notice of appeal, Appellant's notice of appeal was still late because it was not filed on or before January 28, 2001.

On March 5, 2002, this court notified Appellant pursuant to Tex. R. App. P. 42.3 that his notice of appeal was untimely, and it informed him that unless he showed the jurisdiction of this court on or before March 20, 2002, the appeal would be dismissed. Although Appellant responded to this court's dismissal notice on March 15, 2002, he was unable to establish this court's jurisdiction.

Because this court is not authorized to extend the time for perfecting an appeal except as provided by Texas Rules of Appellate Procedure 26.1 and 26.3, (1) we dismiss the appeal for want of jurisdiction. Tex. R. App. P. 42.3(a).

 

Opinion delivered March 20, 2002.

Panel consisted of Davis, C.J., Worthen, J., and Griffith, J.

 
DO NOT PUBLISH

1. Rule 26.3 provides that an appellate court may extend the time for filing a notice of appeal if a party files the notice of appeal and a motion complying with Rule 10.5(b) within fifteen days after the deadline for filing the notice of appeal.