Elena Garza as Mother and Next Friend of Nathali Selena Garcia v. Juan Garcia, Juana Fuentes, Alberto Garcia, Jose Salvador Garcia and Hermalinda Garcia

Summary

The First Court of Appeals of Texas dismissed the appeal for want of jurisdiction because the notice of appeal was filed after the applicable deadline. The court held that the appellant’s untimely motion for new trial did not extend the deadline for filing the notice of appeal.

Holdings

1. A motion for new trial filed more than 30 days after the judgment is signed is untimely and does not extend the deadline for filing a notice of appeal.
2. A notice of appeal filed after the applicable deadline does not invoke the appellate court's jurisdiction, requiring dismissal of the appeal for want of jurisdiction.

Questions Presented

1. Whether the untimely motion for new trial extended the deadline for filing the notice of appeal.
2. Whether the Court of Appeals had jurisdiction over an appeal from a final judgment when the notice of appeal was filed after the applicable deadline.

Disposition

dismissed