Richard Newberry v. County of El Paso ( 2020 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
RICHARD NEWBERRY, § No. 08-20-00176-CV
Appellant, § Appeal from the
v. § 243rd District Court
THE COUNTY OF EL PASO, § of El Paso County, Texas
Appellee. § (TC# 2019DCV1411)
MEMORANDUM OPINION
This appeal is before the Court on its own motion to determine whether it should be
dismissed for want of jurisdiction. Because Appellant did not timely file an appeal from the trial
court’s order, we dismiss for want of jurisdiction.
In civil cases, a notice of appeal must be filed within 30 days after the trial court’s judgment
is signed except when a party timely files a motion for new trial, in which case the notice of appeal
must be filed within 90 days after the trial court’s judgment is signed. TEX.R.APP.P. 26.1(a)(1).
Here, the trial court issued a final order on January 9, 2020. Appellant did not file a notice of
appeal until August 17, 2020, nearly seven months later. The notice of appeal was filed beyond
the time limit allowed under the Texas Rules of Appellate Procedure. The Court sent a letter
giving Appellant ten days to show why this matter should not be dismissed for want of jurisdiction.
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See TEX.R.APP.P. 42.3. To date, we have not received a response from Appellant.
Accordingly, this attempted appeal is dismissed.
JEFF ALLEY, Chief Justice
October 22, 2020
Before Alley, C.J., Rodriguez, and Palafox, JJ.
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