Court of Civil Appeals of Texas, 2012

Willie McGlown, Jr. v. Ashford Park Homeowners Association, Inc.

Willie McGlown, Jr. v. Ashford Park Homeowners Association, Inc.
Court of Civil Appeals of Texas · Decided April 5, 2012

Willie McGlown, Jr. v. Ashford Park Homeowners Association, Inc.

Opinion

 

Opinion issued April 5, 2012.

 

 

 

 

 

 

In The

Court of Appeals

For The

First District of Texas

 

 


NO. 01-10-00803-CV

____________

 


WILLIE MCGLOWN, JR., Appellant

 

V.

 

ASHFORD PARK HOMEOWNERS ASSOCIATION, INC., Appellee

 

 

On Appeal from the County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 872089

 

 


MEMORANDUM OPINION


Appellant, Willie McGlown, Jr., attempts to appeal from the trial court’s judgment signed April 29, 2010.  Because appellant’s notice of appeal was untimely filed, we dismiss. 

Generally, a notice of appeal is due within thirty days after the date the judgment is signed.  See Tex. R. App. P. 26.1(a), 26.3.  The deadline to file a notice of appeal is extended to 90 days after the date the judgment is signed if any party timely files a motion for new trial, motion to modify the judgment, motion to reinstate, or, under certain circumstances, a request for findings of fact and conclusions of law. Tex. R. App. P. 26.1(a).

The record reflects that appellant timely filed a motion for new trial.  Therefore, his notice of appeal was due on or before July 28, 2010.  See id.  Appellant did not file his notice of appeal until August 31, 2010, which was over 30 days beyond the deadline.  Because appellant’s notice of appeal was untimely filed, this Court lacks jurisdiction over the appeal. See Tex. R. App. P. 25.1.

On October 24, 2011, we notified appellant that his appeal was subject to dismissal for want of jurisdiction unless, by November 3, 2011, he filed a response showing grounds for continuing the appeal.  Appellant has not responded.

Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).  We dismiss any other pending motions as moot. 

PER CURIAM

 

Panel consists of Justices Keyes, Bland, and Sharp.

 

 

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