Frieda Wesson Bosh v. Christopher Wesson Bosh ( 2018 )

DISMISS and Opinion Filed September 13, 2018
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00958-CV
FRIEDA WESSON BOSH, Appellant
V.
CHRISTOPHER WESSON BOSH, Appellee
On Appeal from the 193rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-01821
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Evans, and Justice Brown
Opinion by Chief Justice Wright
Appellant appeals from a summary judgment granted in favor of appellee. Before the Court
is appellee’s August 27, 2018 motion to dismiss the appeal for want of jurisdiction. Appellee
contends the appeal should be dismissed because appellant’s notice of appeal was untimely.
Appellant did not file a response to the 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 TEX. R. APP. P. 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 filed notice of appeal, this Court lacks jurisdiction. See Tex. R. App. P. 25.1(b).
The trial court signed the summary judgment on June 25, 2018. Appellant filed a request
for findings of fact and conclusions of law. Because the trial court granted a summary judgment,
the request for findings was inappropriate and did not extend the time to file a notice of appeal.
See Linwood, 885 S.W.2d at 103; TEX. R. APP. P. 26.1(4). Accordingly, the notice of appeal was
due on July 25, 2018, thirty days after the date the judgment was signed. Appellant filed a notice
of appeal on August 22, 2018.
Because the notice of appeal was untimely, this Court lacks jurisdiction over this appeal.
We grant appellee’s motion and dismiss the appeal. See TEX. R. APP. P. 42.3(a). We deny
appellee’s request for damages for frivolous appeal.
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
180958F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
FRIEDA WESSON BOSH, Appellant On Appeal from the 193rd Judicial District
Court, Dallas County, Texas
No. 05-18-00958-CV V. Trial Court Cause No. DC-18-01821.
Opinion delivered by Chief Justice Wright.
CHRISTOPHER WESSON BOSH, Justices Evans and Brown participating.
Appellee
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee CHRISTOPHER WESSON BOSH recover his costs of this
appeal from appellant FRIEDA WESSON BOSH.
Judgment entered September 13, 2018.
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