Adeniran Olawumi v. Clement Ugorji ( 2023 )

Dismissed and Memorandum Opinion filed May 18, 2023
In The
Fourteenth Court of Appeals
NO. 14-23-00150-CV
ADENIRAN OLAWUMI, Appellant
V.
CLEMENT UGORJI, Appellee
On Appeal from the County Civil Court at Law No. 4
Harris County, Texas
Trial Court Cause No. 1183101
MEMORANDUM OPINION
This is an attempted appeal from a judgment signed October 25, 2022.
Appellant filed a timely motion for new trial on November 15, 2022. Appellant’s
notice of appeal was filed February 28, 2023. When appellant has filed a timely
post-judgment motion, the notice of appeal must be filed within 90 days after the
date the judgment is signed. See Tex. R. App. P. 26.1(a).
Appellant’s notice of appeal was not filed timely. A motion to extend time is
necessarily implied when an appellant, acting in good faith, files a notice of appeal
beyond the time allowed by Texas Rule of Appellate Procedure 26.1, but within
the 15-day grace period provided by Rule 26.3 for filing a motion to extend time.
See Verburgt v. Dorner, 959 S.W.2d 615, 617–18 (1997) (construing the
predecessor to Rule 26). Appellant’s notice of appeal was not filed within the
15-day period provided by Texas Rule of Appellate Procedure 26.3.
On April 18, 2023, notification was transmitted to all parties the appeal was
subject to dismissal without further notice for want of jurisdiction. See Tex. R.
App. P. 42.3(a). Appellant responded that he is appealing the order denying his
motion for new trial signed January 30, 2023. An order denying a motion for
reconsideration or motion for new trial is not independently appealable. See Digges
v. Knowledge Alliance, Inc., 176 S.W.3d 463, 464 (Tex. App.—Houston [1st Dist.]
2004, no pet.). The final appealable judgment in this case is the trial court’s
October 25, 2022 judgment. Appellant’s notice of appeal was not filed within 90
days of the judgment. See Tex. R. App. P. 26.1(a). We lack jurisdiction to consider
this appeal. See Ridge v. Ridge, 658 S.W.3d 427, 431 (Tex. App.—Houston [14th
Dist.] 2022, no pet.) (“The time for filing a notice of appeal is jurisdictional for this
court, and a late-filed notice of appeal deprives this court of jurisdiction.”).
Accordingly, the appeal is dismissed.
PER CURIAM
Panel consists of Justices Wise, Bourliot, and Spain.
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