Harshal S. Patel, Appellant v. Plainscapital Bank, Appellee

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Court of Appeals of Texas, Dallas.

Harshal S. Patel, Appellant v. Plainscapital Bank, Appellee

No. 05–15–01350–CV

Decided: November 24, 2015

Before Chief Justice Wright and Justices Lang–Miers and Stoddart

MEMORANDUM OPINION

Before the Court is appellant's motion for an extension of time to file a notice of appeal.  If an appellant timely files a motion for new trial, the notice of appeal is due ninety days after the date the judgment is signed.  See Tex.R.App. P. 26.1(a).  An extension of time may be granted if an appellant files a notice of appeal within fifteen days of the deadline and then files a motion complying with rule of appellate procedure 10.5(b).  See Tex.R.App. P. 26.3.  Without a timely filed notice of appeal, this Court lacks jurisdiction.  See Tex.R.App. P. 25.1(b).

The judgment was signed on July 15, 2015.  Appellant filed a timely motion for new trial, making the notice of appeal due on October 13, 2015.  See Tex.R.App. P. 26.1(a).  Appellant filed his notice of appeal on November 3, 2015.  The notice of appeal was untimely filed and outside of the period of time for obtaining an extension.  Accordingly, we deny appellant's motion for an extension of time to file a notice of appeal and dismiss the appeal for want of jurisdiction.  Tex.R.App. P. 42.3(a).

Opinion by Chief Justice Wright