Alan Reuber, Sr. v. Agile + Scale Investments, LLC ( 2020 )

Order entered April 10, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01444-CV
ALAN REUBER, SR., Appellant
V.
AGILE + SCALE INVESTMENTS, LLC, Appellee
On Appeal from the 298th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-06073
ORDER
Before Chief Justice Burns, Justice Whitehill, and Justice Molberg
In his notice of appeal, appellant states he is appealing from the trial court’s
August 2, 2019 judgment and the November 14, 2019 order awarding sanctions to
appellee. We questioned our jurisdiction over the appeal from the trial court’s
August 2nd judgment because it appeared the notice of appeal was untimely. We
instructed appellant to file, by March 2, 2020, a letter brief addressing the
jurisdictional issue and cautioned him that failure to do so may result in dismissal
of the appeal of the August 2nd judgment. As of today’s date, appellant has not
filed a response.
When a party files a timely post-judgment motion extending the appellate
deadline, a notice of appeal is due within ninety days after the date the judgment is
signed or, with an extension motion, 105 days after the date the judgment is signed.
See TEX. R. APP. P. 26.1(a), 26.3. Without a timely notice of appeal, this Court
lacks jurisdiction. See id. 25.1(b).
The judgment was signed on August 2, 2019. Appellant filed a timely
motion for new trial on August 30, 2019. Appellee filed a motion seeking
sanctions against appellant for filing an allegedly frivolous motion for new trial
and the trial court signed an order on November 14, 2019 awarding sanctions to
appellee. Because appellant filed a timely motion for new trial, the notice of
appeal was due on October 31, 2019 or, with an extension motion, November 15,
2019. See id. 26.1(a), 26.3. Appellant filed the notice of appeal challenging both
the judgment and sanctions order on November 21, 2020. The notice of appeal
was untimely as to the judgment. Accordingly, we DISMISS the appeal of the
trial court’s August 2nd judgment for want of jurisdiction. See TEX. R. APP. P.
42.3(a).
Appellant indicated on the docketing statement filed with this Court that he
did not request the reporter’s record. Accordingly, we ORDER appellant to file
his brief on the merits related to the sanctions order within thirty days of the date
of this order.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE