Court of Civil Appeals of Texas, 2003

Margie Dotsey v. City Transit Management Company, Inc. D/B/A Citibus

Margie Dotsey v. City Transit Management Company, Inc. D/B/A Citibus
Court of Civil Appeals of Texas · Decided August 22, 2003

Margie Dotsey v. City Transit Management Company, Inc. D/B/A Citibus

Opinion

NO. 07-03-0373-CV


IN THE COURT OF APPEALS


FOR THE SEVENTH DISTRICT OF TEXAS


AT AMARILLO


PANEL A


AUGUST 22, 2003



______________________________




MARGIE DOTSEY, APPELLANT


V.


CITY TRANSIT MANAGEMENT COMPANY, INC. D/B/A CITIBUS, APPELLEE




_________________________________


FROM COUNTY COURT AT LAW NO. 3 OF LUBBOCK COUNTY;


NO. 2002-592,989; HONORABLE PAULA LANEHART, JUDGE


_______________________________


Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Proceeding pro se, appellant Margie Dotsey filed a purported notice of appeal requesting that this Court review the trial court's order granting summary judgment in favor of City Transit Management Company, Inc. d/b/a Citibus.

Dotsey filed a negligence action for injuries sustained while attempting to disembark a bus operated by City Transit. On November 2, 2002, the trial court signed an order granting City Transit's motion for summary judgment. Rule 26.1 of the Texas Rules of Appellate Procedure provides that a notice of appeal be filed within 30 days after the judgment is signed by the trial court. Dotsey's purported notice was filed on August 12, 2003, more than nine months following the trial court's order. (1) The notice is untimely and all deadlines for its filing have expired. See Tex. R. App. P. 26.1.

Accordingly, we dismiss this purported appeal for want of jurisdiction.

Don H. Reavis

Justice

1. Although Dotsey filed her purported notice of appeal in this Court, it is deemed filed with the trial court clerk on the same day. Tex. R. App. P. 25.1(a).

that appeal will be due in accordance with Rule of Appellate Procedure 38.6.

Also pending before the court is appellees' motion to transfer appellant's appeal from the second turnover order from the Ninth Court of Appeals to this court, to consolidate it with the appeal from the first turnover order, pending under docket number 07-03-0339-CV, and to set dates for the filing of the parties' briefs. Pursuant to an order of the Supreme Court, the appeal was transferred to this court on January 28, 2004 and was assigned docket number 07-04-0041-CV. This action rendered moot appellees' request to transfer that appeal. The Rules of Appellate Procedure do not provide for the consolidation of appeals and the request to do so is denied. However, in the interest of economy, we authorize the parties to file briefs addressing both appeals. On the filing of the record in 07-04-0041-CV, appellant shall have 30 days to file a brief supplementing or replacing his brief in 07-03-0339-CV. Appellees then shall have 30 days to file a brief addressing both appeals.

The court reserves ruling on the Herseys' requests to hold Lee in contempt and to impose sanctions.

Per Curiam

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