Alpha Omega CHL, Inc. v. Min Law Firm, P.C. ( 2020 )

DISMISS and Opinion Filed April 21, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00152-CV
ALPHA OMEGA CHL, INC., Appellant
V.
MIN LAW FIRM, P.C., Appellee
On Appeal from the 160th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-12-07799
MEMORANDUM OPINION
Before Justices Myers, Whitehill, and Pedersen, III
Opinion by Justice Whitehill
Appellant appeals from the trial court’s November 8, 2019 summary judgment
dismissing all of its claims against appellee. Before the Court is appellee’s motion
to dismiss asserting this Court lacks jurisdiction because appellant’s notice of appeal
was untimely. Appellant did not file a response to appellee’s motion.
Without a timely post-judgment motion extending the appellate timetable, a
notice of appeal is due thirty days after the date the judgment is signed. See TEX. R.
APP. P. 26.1. A request for findings of fact and conclusions of law will extend the
time for perfecting an appeal if they are required by the rules of civil procedure or
may properly be considered by the appellate court. See id. 26.1(4). Such a request
extends the time for filing a notice of appeal only where a judgment is rendered
following an evidentiary hearing. See IKB Industries, Ltd. v. Pro–Line Corp., 938
S.W.2d 440, 443 (Tex. 1997). A request for findings of fact and conclusions of law
following a summary judgment is not appropriate and does not extend appellate
deadlines. See Linwood v. NCNB Tex., 885 S.W.2d 102, 103 (Tex. 1994) (per
curiam). Without a timely notice of appeal, this Court lacks jurisdiction. See TEX.
R. APP. P. 25.1(b).
The trial court signed the judgment on November 8, 2019. Although appellant
filed a timely request for findings of fact and conclusions of law, such request did
not extend the time to file the notice of appeal. See Linwood, 885 S.W.2d at 103.
The notice of appeal was due on December 9, 2019. See TEX. RS. APP. P. 4.1(a),
26.1. Appellant filed its notice of appeal on January 31, 2020. Because the notice
of appeal was untimely, we grant appellee’s motion and dismiss the appeal for want
of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Bill Whitehill/
BILL WHITEHILL
JUSTICE
200152F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ALPHA OMEGA CHL, INC., On Appeal from the 160th Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. DC-12-07799.
No. 05-20-00152-CV V. Opinion delivered by Justice
Whitehill. Justices Myers and
MIN LAW FIRM, P.C., Appellee Pedersen, III participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellee MIN LAW FIRM, P.C. recover its costs of this
appeal from appellant ALPHA OMEGA CHL, INC.
Judgment entered April 21, 2020
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