Ray Dale Hooks and Shirley Hooks v. Theda Fritz, Individually, et al--Appeal from 71st District Court of Harrison County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-03-00081-CV
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RAY DALE HOOKS AND SHIRLEY HOOKS, Appellants
V.
THEDA FRITZ, INDIVIDUALLY, ET AL., Appellees
On Appeal from the 71st Judicial District Court
Harrison County, Texas
Trial Court No. 00-0250
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION

Ray Dale Hooks and Shirley Hooks, Appellants, attempt to appeal from a default judgment signed January 8, 2003. Appellants filed a motion for new trial on January 30, 2003, but did not file their notice of appeal until May 9, 2003.

When an appellant files a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusion of law, the notice of appeal must be filed within ninety days after the date the judgment is signed. See Tex R. App. P. 26.1(a). In the present case, the notice of appeal was due on April 9, 2003, thirty days prior to when they actually filed the notice.

Further, the rule setting a longer timetable for a restricted appeal does not apply to a party who has timely filed a postjudgment motion, as Appellants did in this case. Tex. R. App. P. 30. Accordingly, the notice of appeal was required to be filed within ninety days of the date the judgment was signed by the trial court. Tex. R. App. P. 26.1.

Because the notice of appeal was not filed timely, we are without jurisdiction over this appeal. Id.

 

We dismiss the appeal for want of jurisdiction.

 

Josh R. Morriss, III

Chief Justice

 

Date Submitted: July 1, 2003

Date Decided: July 2, 2003