Sabrina Johnson v. City of Austin ( 1995 )

CV5-248 TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN



NO. 03-95-00248-CV



Sabrina Johnson, Appellant

v.

City of Austin, Appellee



FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT NO. 91-4537-A, HONORABLE JOSEPH HART, JUDGE PRESIDING

PER CURIAM

We will dismiss this cause for want of jurisdiction. On April 28, 1995, the Clerk of this Court received a motion for extension of time to file the transcript in this cause. Tex. R. App. P. 54(c). The motion recited the following relevant dates: the judge signed the judgment on January 3, 1995; appellant filed a motion for new trial on January 31, 1995; and appellant filed the perfecting instrument on April 13, 1995. The perfecting instrument, if filed on the date given in the motion, was untimely as it was due April 3, 1995. Tex. R. App. P. 41(a)(1). The records of this Court did not show that appellant had ever tendered a motion for extension of time to file the perfecting instrument. Tex. R. App. P. 41(a)(2).

The clerk's office sent a letter to counsel requesting clarification whether the date in the motion had been misstated and informing counsel that no motion for extension had been received. Appellant responded that the date in the motion was correct, the perfecting instrument was late, and she had never tendered a motion for extension of time to file the perfecting instrument. The court overruled the motion for extension of time to file the transcript.

Appellant has not tendered a transcript. Certified copies of the judgment and notice of appeal show the perfecting instrument was untimely, even assuming a ninety-day timetable. This Court has no jurisdiction to consider an appeal when the perfecting instrument is not timely filed and no motion for extension has been filed within the fifteen-day grace period. See Davis v. Massey, 561 S.W.2d 799, 801 (Tex. 1978).

Accordingly, we dismiss the appeal for want of jurisdiction.

Before Chief Justice Carroll, Justices Aboussie and Jones

Dismissed for Want of Jurisdiction

Filed: August 16, 1995

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