Vecente Morales v. Geico Insurance Company

DISMISS and Opinion Filed December 7, 2023
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00939-CV
VECENTE MORALES, Appellant
V.
GEICO INSURANCE COMPANY, ET AL., Appellees
On Appeal from the 68th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-21-17252
MEMORANDUM OPINION
Before Justices Nowell, Miskel, and Kennedy
Opinion by Justice Miskel
We questioned our jurisdiction over this appeal because it appeared the notice
of appeal was untimely. See Mitschke v. Borromeo, 645 S.W.3d 251, 260 (Tex.
2022) (“[T]he absence of a timely notice of appeal prevents the appellate court from
ever exercising jurisdiction in the first place.”). A notice of appeal must be filed
within thirty days of the judgment being signed, with limited exceptions not
applicable here. See TEX. R. APP. P. 26.1. In the present case, the date of the final
judgement was October 7, 2022, making the deadline to file the notice of appeal
November 7, 2022. See TEX. R. APP. P. 4.1, 26.1. The notice of appeal was not filed
until September 11, 2023.
We requested appellant file a letter brief addressing our jurisdictional concern.
In his response, appellant argues that he is entitled to an appeal and that we have
jurisdiction because he never received notice of the judgment. No authority exists,
however, allowing us to alter the time for perfecting an appeal in a civil case. See id.
2. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 42.3(a).
/Emily Miskel/
230939f.p05 EMILY MISKEL
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
VECENTE MORALES, Appellant On Appeal from the 68th Judicial
District Court, Dallas County, Texas
No. 05-23-00939-CV V. Trial Court Cause No. DC-21-17252.
Opinion delivered by Justice Miskel.
GEICO INSURANCE COMPANY, Justices Nowell and Kennedy
ET AL., Appellees participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered this 7th day of December, 2023.
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