Roy Blizzard and Donna Blizzard v. Select Portfolio Servicing F/K/A Fairbanks Capital and Manufacturers and Traders Trust Company ( 2014 )


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  •       TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
    NO. 03-13-00716-CV
    Roy Blizzard and Donna Blizzard, Appellants
    v.
    Select Portfolio Servicing f/k/a Fairbanks Capital and
    Manufacturers and Traders Trust Company , Appellees
    FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT
    NO. 12-1132-C277, HONORABLE KEN ANDERSON, JUDGE PRESIDING
    MEMORANDUM OPINION
    Appellants Roy Blizzard and Donna Blizzard appeal a final summary judgment that
    was signed on August 21, 2013. Generally, under the Texas Rules of Appellate Procedure, an appeal
    is perfected in a civil case when a notice of appeal is filed within thirty days after the judgment is
    signed. Tex. R. App. P. 25.1(a), 26.1. When a motion for new trial or other post-judgment motion
    specified in Rule 26.1(a) is timely filed, a notice of appeal must be filed within ninety days after
    the judgment is signed. Tex. R. App. P. 26.1(a). In this case, no post-judgment motion was filed.
    Consequently, appellants’ deadline to file their notice of appeal was September 20, 2013. Appellants’
    deadline to file a motion for extension of time to file their notice of appeal was October 7, 2013. See
    Tex. R. App. P. 26.3 (allowing fifteen-day extension of notice of appeal deadline on appellant’s
    motion); see also Tex. R. App. P. 4.1 (computing time); Verburgt v. Dorner, 
    959 S.W.2d 615
    , 617
    (Tex. 1997) (motion for extension of time implied when appellant files notice of appeal within
    fifteen days of deadline for filing notice of appeal).
    On December 18, 2013, we sent a letter to appellants, stating that it appeared from
    the trial court clerk’s record that their notice of appeal was not timely filed and, as a result, that we
    lacked jurisdiction over this appeal. See Tex. R. App. P. 25.1(b) (filing of notice of appeal invokes
    appellate jurisdiction). Appellants responded to our letter, but did not assert that they had timely
    filed their notice of appeal. Instead, appellants forwarded to this Court a file-stamped copy of their
    notice of appeal, showing that the notice was filed with the trial court clerk on October 28, 2013.
    Because appellants’ notice of appeal is untimely, this Court lacks jurisdiction to consider this
    appeal. Accordingly, we dismiss the cause for want of jurisdiction. See Tex. R. App. P. 42.3.
    __________________________________________
    Scott K. Field, Justice
    Before Justices Puryear, Goodwin and Field
    Dismissed for Want of Jurisdiction
    Filed: January 15, 2014
    2
    

Document Info

Docket Number: 03-13-00716-CV

Filed Date: 1/15/2014

Precedential Status: Precedential

Modified Date: 9/17/2015