TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-97-00772-CV
Iris Dunham, Appellant
v.
T.L. Partners, L.P., Appellee
NO. 97-02818-A, HONORABLE F. SCOTT MCCOWN, JUDGE PRESIDING
Appellant Iris Dunham appeals from a judgment of the trial court in favor of appellee T.L. Partners, L.P., and signed on July 2, 1997. (1) Because no motion for new trial was filed, the perfecting instrument was due to be filed on Monday, August 4, 1997, thirty days after the judgment was signed. See Tex. R. App. P. 4.1(a), 26. Appellee has filed a motion to dismiss for want of jurisdiction and a motion for sanctions. See Tex. R. App. P. 42.3(a), 45.
A review of the clerk's record reveals that the perfecting instrument, a notice of appeal, was not filed until October 1, 1997. The perfecting instrument was filed fifty-eight days beyond the due date without a motion for extension of time being filed in accordance with Texas Rule of Appellate Procedure 10.5(b)(2). Consequently, the appeal in this cause is untimely and must be dismissed for want of jurisdiction. Tex. R. App. P. 42.3(a)(c).
Appellee's motion to dismiss is granted; however, the motion for sanctions is hereby denied.
Before Justices Powers, Aboussie and B. A. Smith
Dismissed for Want of Jurisdiction
Filed: January 29, 1998
Do Not Publish
1. We note that the Texas Rules of Appellate procedure have been revised effective September 1, 1997. Because the perfecting instrument in this cause was due prior to the effective date, the former rules apply. A review of the revised rules reveals no substantive change germane to the issues before us, therefore the revised rules will be cited for convenience.