Ludovic Tetaj, individually and as next friend of I.T. v. Abilene Children's Medical Association, L.L.P. and Tushar Shah Appeal from 104th District Court of Taylor County (memorandum opinion per curiam)
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Opinion filed March 9, 2017 In The Eleventh Court of Appeals __________ No. 11-17-00042-CV __________ LUDOVIC TETAJ, INDIVIDUALLY AND AS NEXT FRIEND OF I.T., Appellant V. ABILENE CHILDREN’S MEDICAL ASSOCIATION, L.L.P. AND TUSHAR SHAH, Appellees On Appeal from the 104th District Court Taylor County, Texas Trial Court Cause No. 26086-B MEMORANDUM OPINION Appellant attempts to appeal from a November 12, 2016 take-nothing final judgment rendered by the trial court after a jury trial on the merits. We dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). Our records reflect that the motion for new trial was filed in the district clerk’s office on December 16, 2016, which was thirty-four days after the date that the trial court signed the judgment. The motion for new trial was, therefore, four days late. See TEX. R. CIV. P. 329b(a). Absent a timely filed motion for new trial, the notice of appeal was due to be filed on December 12, 2016, thirty days after the judgment was signed or, at the very latest, December 27, 2016, with a fifteen-day extension. See TEX. R. APP. P. 26.1, 26.3. Because Appellant did not file a notice of appeal until February 15, 2017, the notice of appeal was untimely. Upon docketing this appeal, the clerk of this court wrote the parties and informed them that the motion for new trial and the notice of appeal appear to have been untimely filed. We requested that Appellant respond and show grounds to continue the appeal. Appellant has not filed a response. See TEX. R. APP. P. 42.3(c). Absent a timely notice of appeal, this court is without jurisdiction to consider this appeal. See Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 564 (Tex. 2005); Garza v. Hibernia Nat’l Bank, 227 S.W.3d 233 (Tex. App.—Houston [1st Dist.] 2007, no pet.); see also Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Because Appellant did not timely file a notice of appeal, we have no jurisdiction to entertain this appeal. We dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). PER CURIAM March 9, 2017 Panel consists of: Wright, C.J., Willson, J., and Bailey, J. 2
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