Leopold Malachowitsch v. Expo Motorscars, L.P., Expo Holdings, L.P., and Expo Motorcars, L.L.C.--Appeal from 189th District Court of Harris County
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Motion Granted; Appeal Dismissed and Memorandum Opinion filed December 30, 2010. In The Fourteenth Court of Appeals ____________ NO. 14-10-00906-CV ____________ LEOPOLD MALACHOWITSCH, Appellant V. EXPO MOTORSCARS, L.P., EXPO HOLDINGS, L.P., AND EXPO MOTORCARS, L.L.C., Appellees On Appeal from the 189th District Court Harris County, Texas Trial Court Cause No. 2008-44763 MEMORANDUM OPINION This is an attempted appeal from a judgment signed May 17, 2010. Appellant filed a timely motion for new trial. When appellant has filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusion of law, the notice of appeal must be filed within ninety days after the date the judgment is signed. See Tex. R. App. P. 26.1(a). The notice of appeal was therefore due August 16, 2010. See Tex. R. App. P. 26.1. Appellant, however, filed his notice of appeal on September 16, 2010, a date that is not within the fifteen-day period provided by Texas Rule of Appellate Procedure 26.3. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). On December 10, 2010, notification was transmitted to all parties of the court=s intention to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). On December 15, 2010, appellees filed a motion to dismiss for want of jurisdiction. On December 16, 2010, appellant filed a response. In his response appellant fails to demonstrate that this court has jurisdiction to entertain the appeal. Accordingly, appellees motion is granted and the appeal is ordered dismissed. PER CURIAM Panel consists of Justices Anderson, Frost, and Brown. 2
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