Maggy Horman v. Jerry Hecht ( 2009 )

Dismissed and Memorandum Opinion filed November 5, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00850-CV

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MAGGY HORMAN, Appellant

V.

JERRY HECHT, Appellee

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

Harris County, Texas

Trial Court Cause No. 926276

M E M O R A N D U M   O P I N I O N

            This is an appeal from a default judgment signed January 20, 2009. Appellant did not file a timely motion for new trial. Therefore, her notice of appeal was due February 19, 2009. See Tex. R. App. P. 26.1. Appellant did not file a notice of appeal until September 25, 2009.

            A party who did not participate in the hearing that resulted in the judgment or file any timely post judgment motions may file a notice of restricted appeal. See Tex. R. App. P. 25.1(d)(7). The notice of appeal in a restricted appeal must be filed within six months after the judgment is signed. See Tex. R. App. P. 26.1(c). Appellant’s notice of appeal was filed more than six months after judgment.

            On October 12, 2009, notification was transmitted to the parties of the court’s intention to dismiss the appeal for want of jurisdiction unless any party responded with sufficient grounds to establish this court’s jurisdiction over the appeal. See Tex. R. App. P. 42.3(a). No response was filed.

            Accordingly, we dismiss the appeal.

                                                                        PER CURIAM

Panel consists of Chief Justice Hedges and Justices Seymore and Sullivan.