Hudson, Dorothy J. v. Goldline Construction, Inc.--Appeal from County Court at Law No 5 of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

DOROTHY J. HUDSON,

Appellant,

v.

GOLDLINE CONSTRUCTION INC.,

Appellee.

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No. 08-02-00110-CV

Appeal from the

County Court at Law No. 5

of El Paso County, Texas

(TC# 2000-1791)

O P I N I O N

Pending before the Court is Appellant=s Motion to Extend Time to File Notice of Appeal. Because Appellant=s Motion for New Trial was untimely filed and because this Court previously granted an extension of time to file the notice of appeal, we deny the motion and dismiss the appeal.

This appeal is from a judgment signed February 15, 2002. Appellant=s notice of appeal was due March 17, 2002. On March 19, 2002, Appellant untimely filed a Motion for New Trial with the trial court. On the same date, Appellant, appearing pro se, filed a motion for extension of time to file her notice of appeal with this Court. The Court granted Appellant a fifteen (15) day extension, until April 1, 2002.

On April 24, 2002, pursuant to Tex. R. App. P. 42.3(b) & (c), this Court=s clerk sent the parties a notice of the Court=s intent to dismiss for want of prosecution if, within ten days of the notice, no party responded showing grounds to continue the appeal. On May 6, 2002, the Court received a letter from Appellant informing the Court that a timely motion for new trial had been filed and that she was trying to secure an attorney to assist with her appeal. She requested an extension until the mid or latter part of June. On May 16, 2002, the Court received Appellant=s Motion to Extend Time to File Notice of Appeal from Appellant=s attorney. Appellant sought to have the deadline for filing her notice of appeal extended until May 16, 2002, and attached a file stamped copy of her notice of appeal.

Because Appellant=s Motion for New Trial was untimely filed and because this Court previously granted an extension of time to file the notice of appeal, we dismiss the appeal for want of jurisdiction pursuant to Tex. R. App. P. 42.3(a).

July 18, 2002

RICHARD BARAJAS, Chief Justice

Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.

(Do Not Publish)