Douglas Carl Marquardt v. Lacey Ray Marquardt Appeal from County Court at Law No. 2 of Wichita County (memorandum opinion per curiam)
Annotate this Case
Download PDF
COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-16-00482-CV DOUGLAS CARL MARQUARDT APPELLANT V. LACEY RAY MARQUARDT APPELLEE ---------- FROM COUNTY COURT AT LAW NO. 2 OF WICHITA COUNTY TRIAL COURT NO. CCL-480-13-F ---------- MEMORANDUM OPINION1 ---------Douglas Carl Marquardt attempts to appeal from the trial court’s order denying his motion for new trial. On July 11, 2016, the trial court signed a final divorce decree. Douglas timely moved for new trial on July 27, 2016, and the trial court denied the motion on September 22, 2016. See Tex. R. Civ. P. 329b(a), (c). Douglas’s notice of 1 See Tex. R. App. P. 47.4. appeal was due October 10, 2016. See Tex. R. App. P. 4.1(a), 26.1(a)(1). He did not file his notice of appeal until December 22, 2016. On January 6, 2017, we notified the parties of our concern that we lack jurisdiction over this appeal because the notice of appeal was untimely. We informed them that this appeal may be dismissed for want of jurisdiction unless Douglas or any party desiring to continue the appeal filed with the court, on or before January 17, 2017, a response showing grounds for continuing the appeal. See Tex. R. App. P. 42.3(a), 44.3. Neither party has responded. The time for filing a notice of appeal is jurisdictional in this court, and absent a timely-filed notice of appeal or extension request, we must dismiss the appeal. See Tex. R. App. P. 2, 25.1(b), 26.3; Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex. 1998); Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Douglas’s notice of appeal states that he is appealing from the September 22, 2016 order denying his motion for new trial. But the deadline for filing a notice of appeal is based on the date the judgment is signed, not the date an order denying a motion for new trial is signed. See Tex. R. App. P. 26.1(a). Because Douglas’s notice of appeal was untimely, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f); Jones, 976 S.W.2d at 677; Verburgt, 959 S.W.2d at 617. 2 PER CURIAM PANEL: KERR, J.; LIVINGSTON, C.J.; and PITTMAN, J. DELIVERED: February 23, 2017 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
