IN THE
TENTH COURT OF APPEALS
No. 10-08-00048-CV
Violet Murphy,
Appellant
v.
Douglas B. Ferguson, M.D., and
Thomas Brian White, M.D.,
Appellees
From the 19th District Court
McLennan County, Texas
Trial Court No. 2007-1443-1
MEMORANDUM Opinion
Violet Murphy appeals the dismissal of her suit against Douglas Ferguson, M.D. and Thomas White, M.D. According to Appellant, the judgment was signed on September 26, 2007 and a motion for new trial was filed on October 26, 2007. The notice of appeal was, therefore, due to be filed on December 26, 2007. Tex. R. App. P. 26.1(a). Appellant’s notice of appeal was not filed until February 8, 2008, 44 days late. A motion for extension of time to file the notice of appeal was filed but it was not filed within 15 days of the date the notice of appeal was due. Tex. R. App. P. 26.3.
By letter, the Clerk of this Court notified Murphy that the appeal was subject to dismissal for want of jurisdiction because the notice of appeal appeared untimely. The Clerk also warned Murphy that her appeal may be dismissed unless, within 21 days from the date of the letter, Murphy filed a response showing grounds for continuing the appeal. Murphy filed a response but did not provide us with any means to assert our jurisdiction over this appeal.
Accordingly, Murphy’s motion for extension of time to file her notice of appeal is denied, and this appeal is dismissed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Motion denied
Appeal dismissed
Opinion delivered and filed March 19, 2008
[CV06]
st produce all information necessary for the mediator to understand the issues presented. The mediator may require any party to supplement the information required by this Order.
Named parties must be present during the entire mediation process, and each corporate party must be represented by a corporate employee, officer, or agent with authority to bind the corporate party to settlement.
Immediately after mediation, the mediator must advise this Court, in writing, only that the case did or did not settle and the amount of the mediator’s fee paid by each party. The mediator’s fees will be taxed as costs. Unless the mediator agrees to mediate without fee, the mediator must negotiate a reasonable fee with the parties, and the parties must each pay one-half of the agreed-upon fee directly to the mediator.
Failure or refusal to attend the mediation as scheduled may result in the imposition of sanctions, as permitted by law.
Any objection to this Order must be filed with this Court and served upon all parties within ten days after the date of this Order, or it is waived.
We refer this appeal to mediation.
The appeal and all appellate deadlines are suspended as of the date of this Order. The suspension of the appeal is automatically lifted when the mediator’s report to the Court is received. If the matter is not resolved at mediation, any deadline that began to run and had not expired by the date of this Order will begin anew as of the date the mediator’s report to the Court is received. Any document filed by a party after the date of this Order and prior to the filing of the mediator’s report will be deemed filed on the same day, but after, the mediator’s report is received.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal referred to mediation
Order issued and filed July 13, 2011