TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00694-CV
D. O. and Ranch Good Days, Inc., Appellants
v.
Texas Department of Family and Protective Services, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT
NO. D-1-GV-12-001570, HONORABLE GUS J. STRAUSS, JUDGE PRESIDING
MEMORANDUM OPINION
The trial court signed its default judgment and injunction on July 8, 2013. No
post-judgment motions were filed with the trial court. On October 22, appellants filed a notice
of appeal, asserting that they had filed a motion for new trial and thus had ninety days to perfect
their appeal.1 See Tex. R. App. P. 26.1(a)(1). Appellee has since filed a motion to dismiss, noting
that because the motion for new trial was never actually filed, the deadline for perfecting appeal
actually ran on August 7. See id. R. 26.1. Appellants have not responded to the motion to dismiss,
despite our request that they do so no later than June 26. We therefore dismiss the appeal for want
of jurisdiction. See id. R. 42.3(a).
1
Appellants apparently attempted to electronically file a motion for new trial, but the
motion was never sent to or received by the trial court.
__________________________________________
David Puryear, Justice
Before Justices Puryear, Goodwin, and Field
Dismissed for Want of Jurisdiction
Filed: July 11, 2014
2