Percival Dyer v. Farah Law Firm, Claudia Fernanda Juarez Gonzalez, Western Surety Company, Surety Bond, and Nancy Hamren

Summary

The Texas Court of Appeals for the First District dismissed Percival Dyer’s appeal for lack of jurisdiction. The court held that an order denying a motion for reconsideration is not independently appealable and noted that the notice of appeal was also untimely; all pending motions were dismissed as moot.

Holdings

1. An order denying a motion for reconsideration is not independently appealable.
2. When an appeal is from an order over which the court has no jurisdiction, the appeal must be dismissed.
3. Even if the order denying reconsideration had been appealable, the notice of appeal was untimely because it was filed more than thirty days after the order was signed.

Questions Presented

1. Whether an order denying a motion for reconsideration is independently appealable.
2. Whether the court of appeals had jurisdiction over the appeal when the notice of appeal identified a nonappealable order.
3. Whether the appeal was timely even assuming the order denying reconsideration were appealable.

Disposition

dismissed