the Imaging Bureau, Inc. v. Telecheck Services, Inc. ( 2012 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00193-CV
THE IMAGING BUREAU, INC. APPELLANT
V.
TELECHECK SERVICES, INC. APPELLEE
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FROM COUNTY COURT AT LAW NO. 2 OF TARRANT COUNTY
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MEMORANDUM OPINION1
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On January 30, 2012, the trial judge signed a take-nothing judgment on
appellant The Imaging Bureau, Inc.’s claims against appellee TeleCheck
Services, Inc. Appellant timely filed a motion for new trial on February 27, 2012,
but appellant did not file its notice of appeal until May 16, 2012, and the notice of
appeal is therefore untimely. See Tex. R. Civ. P. 329b(a); Tex. R. App. P.
26.1(a)(1), 26.3.
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See Tex. R. App. P. 47.4.
We sent a letter to appellant to express our concern that we do not have
jurisdiction over the appeal because the notice of appeal is untimely. In the
letter, we informed appellant than unless it filed a response showing grounds for
continuing the appeal, the appeal could be dismissed. Appellant has not
responded. Because appellant’s notice of appeal is untimely, we dismiss the
appeal for want of jurisdiction. See Tex. R. App. P. 25.1(a), 26.1(a)(1), 42.3(a),
43.2(f); Crites v. Collins, 284 S.W.3d 839, 840 (Tex. 2009) (indicating that
jurisdiction vests with a timely-filed notice of appeal); Howlett v. Tarrant Cnty.,
301 S.W.3d 840, 843 (Tex. App.—Fort Worth 2009, pet. denied) (op. on reh’g)
(“A timely-filed notice of appeal confers jurisdiction on this court, and absent a
timely[-]filed notice of appeal, we must dismiss the appeal.”).
PER CURIAM
PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.
DELIVERED: September 13, 2012
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