Claria Baker Goodman v. State First National Bank of Texarkana, et al--Appeal from 102nd District Court of Bowie County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-01-00144-CV
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CLARIA BAKER GOODMAN, Appellant
V.
STATE FIRST NATIONAL BANK OF TEXARKANA, ET AL., Appellees
On Appeal from the 102nd Judicial District Court
Bowie County, Texas
Trial Court No. 00CO264-102
Before Cornelius, C.J., Grant and Ross, JJ.
Opinion by Justice Ross
O P I N I O N

Claria Baker Goodman appeals the dismissal of her suit against State First National Bank of Texarkana and other defendants. Her suit was dismissed for want of prosecution in the trial court on July 30, 2001. Goodman's notice of appeal was therefore due on August 29, 2001, or with a proper request for extension, September 13, 2001. Tex. R. App. P. 26.1, 26.3. Goodman filed her notice of appeal on September 14, 2001, forty-six days after the trial court signed its order. The record does not reflect that Goodman filed a motion for new trial, a motion to modify the judgment, a motion to reinstate, or a request for findings of fact and conclusions of law, which would have extended the deadline to October 29, 2001. Tex. R. App. P. 26.1(a). Therefore, her notice of appeal is untimely, and this Court is without jurisdiction to consider this appeal.

The appeal is dismissed for want of jurisdiction.

 

Donald R. Ross

Justice

 

Date Submitted: November 6, 2001

Date Decided: November 6, 2001

 

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