Watel, Gwendolyn Jeannette v. Dunmann Realty, LLC ( 2012 )

l)ISMISS; Opinion filed November 8, 2012
In The
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No. 05-12-00938-CV
GWENDOLYN WATEL, Appellant
V.
DUMANN REALTY, LLC, Appellee
On Appeal from the 192nd JLIdicial District CoLirt
Dallas County, Texas
Trial Court Cause No. DC-I 1-12649-K
MEMORANDUM OPINION
l3efore Chief Justice Wright and Justices Francis and Lang-Miers
Opinion By Chief Justice Wright
By letter dated August 2. 2012, the Court questioned its jurisdiction over the appeal.
Specifically, the notice of appeal appeared to be untimely. The Court requested that appellant file a
jurisdictional brief and gave appellee an opportunity to respond. Appellant filed ajurisdictional brief
and appellee filed a response.
The filing of a foreign judgment is in the nature of both an original petition and a final
I udgment. See Moncrief v. Harvey, 805 S.W.2d 20, 23 (Tex. App.—Dallas 1 991, no writ); Counsel
Fin. Servs., L.L.C. v. David McQuadeLeibowitz, P.C. 311 S.W.3d 45. 50 (Tex. App.—San Antonio
201 0, pet. denied). The appellate timetable starts from the date on which a foreign judgment creditor
files the foreignjudgment in a Texas court. Moncrief 805 S.W.2d at 24. A motion for new trial filed
within thirty days oithe filing of a foreignjudgment extends the appellate timetable. See Moncrie/ 805
S. \‘V.2d at 25. \kithout a timely filed notice of appeal. this Court lacks jurisdiction. cce T i:x. R. Ai-i.
P. 25.1(b).
Appellee filed the foreign judgment in the trial court on September29. 2011. Appellant timely
flied a motion br new trial on October 12. 2011. Thus, the notice of appeal was due on December 28,
2011, ninety days after the date the judgment was filed. See Tix. R. A1P. P. 26.1 (a)( 1): Moncrief 805
S.W.2d at 25.
In her jurisdictional hriel appellant applies the deadlines for post—judgment motions set forth
in rule 329b to the date the judgment was signed in the New York court. Sec Tix. R. Civ. P. 329b.
Using this analysis, appellant contends she never had an opportunity to contest the foreignj udgrnent
because the deadlines to do so had expired before appellee filed the foreign judgment in the Texas
court. Her analysis is incorrect. The deadlines for filing post-judgment motions set forth in rule 329b
applies only to Texas judgments. The judgment at issue in this case did not become a final judgment
in Texas until appellee filed it in a Texas court on September29, 2011. It is that date that triggered the
deadlines for post-judgment motions set forth in rule 329b and the deadline to file the notice olappeal.
See 4ioncrief, 805 S.W.2d at 24-25.
Appellant’s notice of appeal was due on December 28, 2011, ninety days after the foreign
judgment was filed. See Tux. R. App. P. 26.1(a). Appellant filed her notice of appeal on June 20,2012,
more than five months past the deadline. Accordingly, we dismiss the appeal for want ofjurisdiction.
See TEx. R. App. P.42.3(a).
CAROL\N VvRIGH F
CHILI JUSTkE
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JUDGMENT
GWENDOLYN WATEL, Appellant Appeal from the 192nd Judicial District Court
oF Dallas County. Texas. (Tr.Ct.No. DC-il-
No. 05-12-00938-CV V. 12649-K).
Opinion delivered by Chief Justice Wright.
I)UMANN REALTY. LLC. Appellee J u St CC S Franc i s and Lang Mi e rs.
-
participating.
Based on the Court’s opinion of this date, the appeal is DiSMISSED.
It is ORDERED that appellee, Dumann Realty, LLC, recover its costs of the appeal from
appellant, Gwendolyn Watel.
Judgment entered November 8.2012.
CAROLYNWRIGT-I F
CHIEFJUS FICE