Jorge Olmos v. Diane Olmos ( 2024 )


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  •                                     COURT OF APPEALS
    EIGHTH DISTRICT OF TEXAS
    EL PASO, TEXAS
    JORGE OLMOS,                                      §                No. 08-24-00153-CV
    Appellant,         §                    Appeal from
    v.                                                §             County Court at Law No. 5
    DIANE OLMOS,                                      §              of El Paso County, Texas
    Appellee.          §               (TC# 2022DCM4800)
    MEMORANDUM OPINION
    This appeal is before the Court on its own motion to determine whether it should be
    dismissed for want of jurisdiction. Because Appellant’s notice of appeal is untimely, we dismiss
    the appeal.
    A party perfects a civil appeal by timely filing a notice of appeal within 30 days after a
    final judgment is signed. Tex. R. App. P. 26.1. A timely post-trial motion, such as a motion for
    new trial, extends the timeline for perfecting an appeal to 90 days after the judgment is signed. Id.
    26.1(a)(1). A motion for new trial is timely filed within 30 days of the date the judgment is signed.
    Tex. R. Civ. P. 329b(a).
    Here, Appellant filed a motion for new trial on February 22, 2024, and a notice of appeal
    on July 1, 2024, attempting to appeal the trial court’s final divorce decree signed on February 5,
    2024. On July 1, 2024, the Clerk of this Court sent Appellant a letter indicating that the appeal was
    not timely perfected. The letter gave notice of our intent to dismiss the appeal for want of
    jurisdiction after 20 days unless grounds were shown for the Court to continue the appeal. See
    Tex. R. App. P. 42.3(a). As of the date of this order, Appellant has not responded to this Court’s
    notice.
    Accordingly, we find Appellant failed to perfect his appeal because he filed the notice of
    appeal outside of the applicable time limits. We dismiss the appeal for want of jurisdiction. Id.
    26.1; 42.3(a), (c); 43.2(f).
    LISA J. SOTO, Justice
    July 29, 2024
    Before Alley, C.J., Palafox and Soto, JJ.
    2
    

Document Info

Docket Number: 08-24-00153-CV

Filed Date: 7/29/2024

Precedential Status: Precedential

Modified Date: 8/1/2024