Scott Murphy v. John Manning, Microcheck Systems Inc. and Microcheck Solutions, Inc.

Opinion issued November 4, 2010 In The Court of Appeals For The First District of Texas ———————————— NO. 01-10-00007-CV ——————————— SCOTT MURPHY, Appellant V. JOHN MANNING, MICROCHECK SYSTEMS INC. AND MICROCHECK SOLUTIONS, INC., Appellee On Appeal from the 125th District Court of Harris County, Texas Trial Court Cause No. 2004-59790A MEMORANDUM OPINION We lack jurisdiction to hear this appeal. Appellant appeals the trial court order and judgment signed September 22, 2009. Appellant timely filed a motion for new trial on October 22, 2009, which extended the deadline to file appellant’s notice of appeal to December 21, 2009, which is 90 days from the date the order and judgment were signed. See Tex. R. App. P. 26.1. A motion to extend time to file an appeal can extend the filing deadline, but only by 15 days. See Tex. R. App. P. 26.3. Appellant filed a notice of appeal on January 4, 2010, 14 days after the deadline, and within the allowable extension period, however, appellant did not move for an extension of time to file his notice of appeal. On June 30, 2010, this Court denied appellees’ motion to dismiss the appeal for want of jurisdiction, and informed the parties that “unless, within 15 days of the date of this order, appellant files an explanation reasonably explaining his failure timely to file his notice of appeal, this appeal will be dismissed for want of jurisdiction.” See Coronado v. Farming Tech., Inc., 994 S.W.2d 901, 901 (Tex. App.—Houston [1st Dist.] 1999, no pet.). Appellant failed to provide this Court with any explanation. An untimely notice of appeal fails to vest the appellate court with jurisdiction to hear the case. We dismiss this appeal for lack of jurisdiction. All pending motions are denied as moot. PER CURIAM Panel consists of Chief Justice Radack and Justices Alcala and Massengale.