Larry Alan Fitts v. Caroline A. Fitts Appeal from 260th District Court of Orange County (memorandum opinion per curiam)
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In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-20-00182-CV __________________ LARRY ALAN FITTS, Appellant V. CAROLINE A. FITTS, Appellee __________________________________________________________________ On Appeal from the 260th District Court Orange County, Texas Trial Cause No. D180471-D __________________________________________________________________ MEMORANDUM OPINION On July 17, 2020, we notified the parties that the appellant, Larry Alan Fitts, filed a notice to appeal which, based on the record before us, did not appear to have been timely under the Rules of Appellate Procedure that controls the deadlines for appeals. See Tex. R. App. P. 26.1. Caroline A. Fitts, the appellee, did not file a response to our notice. The record shows the trial court signed the judgment that is the subject of Larry Fitts’s appeal on March 24, 2020. Because the record shows that Larry Fitts 1 filed a timely motion for new trial, his deadline to appeal was extended from the normal appellate period that controls the deadlines to appeal. See Tex. R. App. P. 26.1(a). Nonetheless, even with the benefit of the extended deadline triggered by his filing of a timely motion for new trial, the Rules required Larry Fitts to file a notice of appeal no later than June 22, 2020. But the notice in this appeal was not filed until July 16, 2020, so it’s late. Id. The notice of appeal that Larry Fitts filed is untimely. Given the length of his delay, the notice he filed also falls outside the period in which we may exercise discretion and grant an extension of time to appeal. See id.; see also Tex. R. App. P. 26.3. We conclude the Court lacks jurisdiction over the appeal. For that reason, we dismiss it for lack of jurisdiction. APPEAL DISMISSED. PER CURIAM Submitted on September 2, 2020 Opinion Delivered September 3, 2020 Before Kreger, Horton, and Johnson, JJ. 2
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