Roy E. Addicks, Jr. v. T.D.C.J.

MARY'S OPINION HEADING

                                NO. 12-08-00018-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

ROY E. ADDICKS, JR.,       §          APPEAL FROM THE 369TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

T.D.C.J., NATHANIEL QUARTERMAN,

RHODA J. ODOM, P.W. PACE,

ROBERT J. PARKER, RAYMONDO CASTRO,

ROBERT TREON, MARTHA WARE,

WILLIAM STEPHENS, FRANK HORE,

HELEN ALEXANDER, KELLI WARD,

V. BARROW, DAVID HUDSON,

PAUL A. MORALES, OSCAR MENDOZA,

KEVIN E. MOORE, WESLEY W. PRATT,

B. GORDY, JIMMY O. BOWMAN,

EBONI G. BROWN, PANSY L. BOLES,

C. DUNBAR, CANDACE MOORE,           §          ANDERSON COUNTY, TEXAS

ANTHONY M. HOLMES, DAVID DIAZ,

JOHN DOE, (RISK MANAGEMENT),

____ SCHAEFER, JANE DOE (TELFORD

LAW LIBRARY), JOHN DOE (TELFORD

LAW LIBRARY), JOHN DOE (MCCONNELL

LAW LIBRARY), KISHA N. STOTTS,

DIANE BAGBY, MELVIN L. MCCRAY,

KERRY L. YARBOROUGH, MARTINA

LINVILLE, ___ S. TATUM, ____ NEWMAN

AND JOHN DOE, APPELLEES   

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for want of jurisdiction pursuant to Texas Rule of Appellate Procedure 42.3(a).  The trial court’s judgment was signed on July 26, 2007, and Appellant filed his notice of appeal on January 14, 2008.  Under rule of appellate procedure 26.1(a), unless Appellant timely filed a motion for new trial or other postjudgment motion that extended the appellate deadlines, his notice of appeal was due to have been filed “within 30 days after the judgment [was] signed,” i.e., August 27, 2007.

            Appellant filed a request for findings of fact and conclusions of law on August 31, 2007.  A request for findings of fact and conclusions of law must be filed within twenty days after the judgment is signed.  Tex. R. Civ. P. 296. Therefore, Appellant’s request must have been filed on or before August 15, 2007.  Because Appellant’s request for findings of fact and conclusions of law was not filed until August 31, 2007, it was untimely and did not extend the time for filing Appellant’s notice of appeal.  See Tex. R. App. P. 26.1(a)(4).  Appellant also filed a motion for reconsideration on October 22, 2007, which we construe as a motion for new trial.  A motion for new trial must be filed within thirty days after the judgment is signed, i.e., August 27, 2007.  See Tex. R. Civ. P. 329b(a). Because Appellant’s motion for new trial was not filed within the prescribed time period, it did not extend Appellant’s time for filing the notice of appeal.  See Tex. R. App. P. 26.1(a)(1).  Because Appellant’s time for filing his notice of appeal was not extended and because the notice of appeal was not filed on or before August 27, 2007, this court has no jurisdiction to consider the appeal.

            On January 15, 2008, this court notified Appellant pursuant to Texas Rule of Appellate Procedure 42.3(a) that his notice of appeal was untimely.  Appellant was further informed that unless the record was amended on or before January 25, 2008 to establish the jurisdiction of this court, the appeal would be dismissed.  Appellant responded to this court’s notice by submitting an explanation of the circumstances that prevented him from complying with the deadlines prescribed by the relevant rules of civil and appellate procedure.  However, this court is not authorized to extend the time for perfecting an appeal except as provided by Texas Rules of Appellate Procedure 26.1 and 26.3.  Accordingly, the appeal is dismissed for want of jurisdiction.  See Tex. R. App. P. 42.3(a). 

Opinion delivered January 31, 2008.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)