Charles Ray Mason v. Tina D. Roan Appeal from 411th District Court of Polk County (memorandum opinion )
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-14-00545-CV ____________________ CHARLES RAY MASON, Appellant V. TINA D. ROAN, Appellee _______________________________________________________ ______________ On Appeal from the 411th District Court Polk County, Texas Trial Cause No. CIV23935 ________________________________________________________ _____________ MEMORANDUM OPINION On December 16, 2014, Charles Ray Mason filed a notice of appeal. On December 17, 2014, we notified Mason that the time for perfecting an appeal ran from the date of the trial court’s order dismissing the suit for want of prosecution, and we questioned our jurisdiction. Mason filed a reply to our letter in which he alleges that the trial court signed an order dismissing the case for want of prosecution on December 9, 2011. Mason stated in “Plaintiff’s Verified Motion to Reinstate” which was filed on or about October 28, 2014, that he first received 1 notice that the case had been dismissed in October 2014. On December 5, 2014, the trial court signed an order denying Mason’s motion to reinstate. Mason argues that this Court has jurisdiction to hear his appeal because he contends he timely filed his notice of appeal after the December 5, 2014 order denying his motion to reinstate. We disagree. The time for filing a notice of appeal runs from the date of the dismissal order, not the date the trial court rules on a motion to reinstate. Hartford Ins. Grp. v. Perez, No. 05-11-00195-CV, 2011 Tex. App. LEXIS 4460, at *2 (Tex. App.— Dallas June 13, 2011, no pet.); Weik v. Second Baptist Church of Houston, 988 S.W.2d 437, 438 (Tex. App.—Houston [1st Dist.] 1999, pet. denied). Mason failed to perfect an appeal by filing a notice of appeal within the time permitted for either a regular or a restricted appeal. See Tex. R. App. P. 26.1. We dismiss the appeal for lack of jurisdiction. APPEAL DISMISSED. ________________________________ LEANNE JOHNSON Justice Submitted on January 21, 2015 Opinion Delivered January 22, 2015 Before Kreger, Horton, and Johnson, JJ. 2
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