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Opinion filed August 3, 2006
In The
Eleventh Court of Appeals
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No. 11-06-00166-CV
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ALI YAZDCHI AND HABIBOLLAH YAZDCHI, Appellants
V.
SOUTHERN COUNTY MUTUAL INSURANCE COMPANY SUED AS BALBOA LIFE INSURANCE COMPANY, Appellee
On Appeal from the 11th District Court
Harris County, Texas
Trial Court Cause No. 04-72920
M E M O R A N D U M O P I N I O N
Appellee has filed in this court a motion to dismiss this appeal for want of jurisdiction. The motion is granted, and the appeal is dismissed.
The trial court signed the order granting appellee=s motion for summary judgment on January 10, 2006. Appellants filed a motion for new trial on February 9, 2006. Pursuant to Tex. R. App. P. 26.1, the notice of appeal was due to be filed on or before April 10, 2006, within 90 days from the date the order was signed. Appellants filed their notice of appeal on May 5, 2006, 115 days after the date the order was signed.
Tex. R. App. P. 26.3 provides that the time in which to perfect an appeal may be extended if both the notice of appeal and a motion for extension of time are filed within fifteen days from the original due date. Appellants= motion for extension of time was due to be filed on or before April 25, 2006. Appellants= motion for extension of time was received in this court on July 25, 2006, 91 days after the due date for the motion and 196 days after the date the order was signed. The motion did not comply with Tex. R. App. P. 10.1 and was held until appellants could provide a certificate of conference. The motion has now been filed as of the date it was received.
In their motion, appellants explain that they thought their motion would be granted because the trial court stated it would take their motion under advisement and that they filed their notice of appeal as soon as they found out the motion was going to be denied. Appellants further state that two members of their family passed away Aright after@ the trial court signed the order granting the motion for summary judgment and explain that, because of their own health problems and because of serious family illness, they were not able to focus on this appeal.
Absent compliance with Tex. R. App. P. 26, this court does not have jurisdiction to entertain an appeal. Appellants have failed to comply with the requirements of Rule 26 and, therefore, have failed to invoke the jurisdiction of this court.
The appeal is dismissed.
PER CURIAM
August 3, 2006
Panel consists of: Wright, C.J., and
McCall, J., and Strange, J.