Pervis Ray Cartwright v. Ann Harris Bennett and Doug Eustice ( 2020 )

Opinion issued March 26, 2020
In The
Court of Appeals
For The
First District of Texas
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NO. 01-18-00986-CV
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PERVIS RAY CARTWRIGHT, Appellant
V.
ANN HARRIS BENNETT AND DOUG EUSTICE, Appellees
On Appeal from the Count Civil Court at Law No. 2
Harris County, Texas
Trial Court Case No. 1108953
MEMORANDUM OPINION
Appellant, Pervis Ray Cartwright, filed a notice of appeal on October 24, 2018
attempting to appeal from the trial court’s June 5, 2018 order dismissing the
underlying action. Appellee Doug Eustice subsequently filed a “Response to
Appellant’s Notice of Appeal” requesting that our Court dismiss the appeal for want
of jurisdiction because appellant’s notice of appeal was untimely. We construe
appellee’s pleading as a motion to dismiss for want of jurisdiction. We grant the
motion and dismiss the appeal.
Generally, a notice of appeal is due within thirty days after the final judgment
is signed. See TEX. R. APP. P. 26.1. The deadline to file a notice of appeal is extended
to ninety days after the date the judgment is signed if, within thirty days after the
judgment is signed, any party timely files a motion for new trial, motion to modify
the judgment, motion to reinstate, or, under certain circumstances, a request for
findings of fact and conclusions of law. See TEX. R. APP. P. 26.1(a); TEX. R. CIV. P.
329b(a), (g). The time to file a notice of appeal may also be extended if, within
fifteen days after the deadline to file the notice of appeal, a party properly files a
motion for extension. See TEX. R. APP. P. 10.5(b), 26.3. A motion for extension of
time is necessarily implied when an appellant, acting in good faith, files a notice of
appeal beyond the time allowed by Rule 26.1, but within the fifteen-day extension
period provided by Rule 26.3. See TEX .R. APP. P. 26.1, 26.3; Verburgt v. Dorner,
959 S.W.2d 615, 617–18 (Tex. 1997).
Here, the trial court signed the judgment from which appellant appeals on June
5, 2018 and no motion for new trial was filed. Therefore, appellant’s notice of appeal
was due by July 5, 2018. See TEX. R. APP. P. 26.1. Appellant’s October 24, 2018
notice of appeal was filed over three months after the deadline. Without a timely
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filed notice of appeal, this Court lacks jurisdiction over the appeal. See TEX. R. APP.
P. 25.1. Accordingly, appellee moved to dismiss this appeal for want of jurisdiction
due to the untimely notice of appeal. Appellant failed to respond.
We grant appellee’s motion to dismiss the appeal for want of jurisdiction. See
TEX. R. APP. P. 42.3(a), 43.2(f). We dismiss any other pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Kelly and Goodman.
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