APPELLANT v. FROM OF COUNTY 10 2010 2011 10 2010 26 29 2011 29 2011 105 (2011)

Court of Appeals of Texas, Waco.

Annabelle Veverka APPELLANT v. Justin Denapoli APPELLEE FROM County Court at Law No. 2 OF Tarrant COUNTY The trial court signed a final order granting Appellee Justin Denapoli's motion for summary judgment on December 10, 2010. Appellant Annabelle Veverka timely filed a motion for new trial on January 7, 2011, which extended the deadline to file the notice of appeal until ninety days after December 10, 2010, see Tex.R.App. P. 26.1(a), but she did not file the notice of appeal until July 29, 2011, over four months beyond the expiration of the ninety-day period. To the extent that Veverka attempts to appeal from the June 29, 2011 order denying her motion for new trial, the trial court's plenary power expired after 105 days from the date the trial court signed the order granting Denapoli's motion for summary judgment; therefore, the order denying Veverka's motion for new trial is void. See Tex.R. Civ. P. 329b(c), (e).

NO. 02–11–00280–CV

Decided: September 30, 2011

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1

On August 12, 2011, we notified Veverka of our concern that we lack jurisdiction over this appeal because the notice of appeal was not timely filed. We informed Veverka that the appeal may be dismissed for want of jurisdiction unless she or any party desiring to continue the appeal filed with the court on or before August 22, 2011, a response showing grounds for continuing the appeal. Veverka filed a motion to retain the appeal, which we construe as her response, but it does not show grounds for continuing the appeal.

An untimely notice of appeal fails to vest jurisdiction in the court of appeals. See Tex.R.App. P. 25.1; Verburgt v. Dorner, 959 S.W.2d 615, 616–17 (Tex.1997). Accordingly, we dismiss this appeal for want of jurisdiction. See Tex.R.App. P. 43.2(f).

PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.

DELIVERED: September 29, 2011

FOOTNOTES

FN1. See Tex.R.App. P. 47.4.. FN1. See Tex.R.App. P. 47.4.

Was this helpful?

Easy to understand

Solved my problem

Other

Missing the information I need

Too complicated / too many steps

Out of date

Other

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law