Cynthia Barrera v. Terry A. Canales; The County of Jim Wells, Texas--Appeal from 79th Judicial District Court of Jim Wells County

No. 04-01-00221-CV
Cynthia BARRERA,
Appellant
v.
Terry A. CANALES and Jim Wells County,
Appellees

From the 79th Judicial District Court, Jim Wells County, Texas
Trial Court No. 99-04-37520
Honorable Woody Densen, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: June 13, 2001

DISMISSED FOR LACK OF JURISDICTION

Cynthia Barrera brought this action against Terry A. Canales and Jim Wells County. On August 20, 1999, the trial court overruled Barrera's objection to the assignment of a visiting judge and signed a take-nothing summary judgment in favor of Canales. On September 3, 1999, the trial court dismissed Barrera's claims against Jim Wells County for lack of jurisdiction. On September 10, Barrera filed a petition for writ of mandamus, complaining of the trial court's order on her objection to the visiting judge, and on September 22, 1999, this court granted her motion for temporary relief, ordering "the appellate timetables are stayed pending final disposition of the petition." Barrera filed a motion for new trial in the trial court on October 14, 1999.

This court decided the mandamus case in Barrera's favor on December 8, 1999, and the order granting temporary relief was effectively dissolved. See Tex. R. App. P. 52.10(b). Canales then filed a petition for writ of mandamus in the Supreme Court and, on December 20, 1999, the Supreme Court stayed this court's mandamus order that required the trial judge to vacate his August 20 and September 3, 1999 orders and to disqualify himself from further proceedings. Jim Wells County filed a petition for writ of mandamus in the Supreme Court on December 28, 1999, and the two proceedings were consolidated. No further temporary relief was requested or granted by the Supreme Court. The Supreme Court granted the writ on February 1, 2001.

On March 23, 2001, more than a year after this court's temporary stay was dissolved, Barrera filed a notice of appeal of the trial court's August 20, 1999 and September 3, 1999 judgments. The notice is untimely, and this court does not have jurisdiction over the appeal. See Tex. R. App. P. 26.1(a), 26.3. We therefore grant the appellees' motions to dismiss this appeal for lack of jurisdiction. We deny the appellees' motion for sanctions.

PER CURIAM

DO NOT PUBLISH