Estate of Leo L. Block ( 2011 )

MEMORANDUM OPINION
No. 04-11-00558-CV
In the ESTATE OF Leo L. BLOCK, Deceased
From the Probate Court No. 1, Bexar County, Texas
Trial Court No. 2009PC2661-A
Honorable Polly Jackson Spencer, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: October 26, 2011
DISMISSED FOR WANT OF JURISDICTION
An appellant must timely file a notice of appeal to invoke this court’s jurisdiction. See
Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (reiterating that appeals must be perfected
within the time allowed). An appellant’s notice of appeal must be filed within thirty days after
the judgment is signed unless the appellant timely files a motion for new trial. TEX. R. APP. P.
26.1. An untimely motion for new trial does not extend appellate deadlines. Farrow v. Bramble,
663 S.W.2d 893, 895 (Tex. App.—San Antonio 1983, no writ).
Here, the probate court signed the summary judgment on May 3, 2011; the deadline to
file a timely motion for new trial was June 2, 2011. See TEX. R. CIV. P. 329b(a). Appellant
Stephen W. Boyd filed a motion for new trial on June 3, 2011; it was untimely. See id.
04-11-00558-CV
Therefore, appellant’s notice of appeal was due to be filed not later than June 2, 2011, or a
motion for extension of time not later than June 17, 2011. See TEX. R. APP. P. 26.1; Verburgt,
959 S.W.2d at 617. Appellant filed his notice of appeal on July 28, 2011, and he did not file a
motion for extension of time to file the appeal. Thus, appellant’s notice of appeal was not timely
filed and this court has no jurisdiction over the appeal. See id.
This appeal is dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). Costs of
this appeal are taxed against appellant.
PER CURIAM
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