Donald Carr and Amanda Carr, Appellants v. Raymond V. Jobe, Appellee (2016)

MEMORANDUM OPINION 1

Appellants Donald Carr and Amanda Carr attempt to appeal from a money judgment in favor of appellee Raymond V. Jobe. Because the appeal was not timely perfected, we dismiss it.

The trial court signed its judgment on November 25, 2015.  The judgment concluded by stating that it disposed “of all parties and claims and [was] appealable.”

Appellants filed a timely motion for new trial on December 23, 2015.  See Tex.R. Civ. P. 329b(a).  Therefore, their notice of appeal was due ninety days after the trial court signed its judgment, which was February 23, 2016.  See Tex.R.App. P. 4.1(a), 26.1(a)(1).  Any motion for extension of time to file the notice of appeal was due within fifteen days of the February 23 deadline, which was March 9, 2016.  See Tex.R.App. P. 26.3(b).  But appellants filed their notice of appeal on March 23, 2016, and they filed their motion for extension of time to file a notice of appeal on March 30, 2016.

We sent appellants a letter expressing our concern that we lack jurisdiction because the notice of appeal was not timely.  We informed appellants that the appeal could be dismissed if they did not file a response showing grounds for continuing it.  Appellants have not shown adequate grounds for continuing the appeal.

The time for filing a notice of appeal is jurisdictional in this court, and absent a timely-filed notice of appeal or extension request, we must dismiss the appeal.  See Tex.R.App. P. 25.1(b), 26.1(a), 26.3;  Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex.1997).  Because appellants' notice of appeal was untimely and was filed after expiration of the period for requesting an extension, we dismiss the appeal for want of jurisdiction.  See Tex.R.App. P. 25.1(b), 26.1(a), 26.3, 43.2(f);  Verburgt, 959 S.W.2d at 617.

FOOTNOTES

1.   See Tex.R.App. P. 47.4.

PER CURIAM