TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00716-CV
Roy Blizzard and Donna Blizzard, Appellants
v.
Select Portfolio Servicing f/k/a Fairbanks Capital and
Manufacturers and Traders Trust Company , Appellees
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT
NO. 12-1132-C277, HONORABLE KEN ANDERSON, JUDGE PRESIDING
MEMORANDUM OPINION
Appellants Roy Blizzard and Donna Blizzard appeal a final summary judgment that
was signed on August 21, 2013. Generally, under the Texas Rules of Appellate Procedure, an appeal
is perfected in a civil case when a notice of appeal is filed within thirty days after the judgment is
signed. Tex. R. App. P. 25.1(a), 26.1. When a motion for new trial or other post-judgment motion
specified in Rule 26.1(a) is timely filed, a notice of appeal must be filed within ninety days after
the judgment is signed. Tex. R. App. P. 26.1(a). In this case, no post-judgment motion was filed.
Consequently, appellants’ deadline to file their notice of appeal was September 20, 2013. Appellants’
deadline to file a motion for extension of time to file their notice of appeal was October 7, 2013. See
Tex. R. App. P. 26.3 (allowing fifteen-day extension of notice of appeal deadline on appellant’s
motion); see also Tex. R. App. P. 4.1 (computing time); Verburgt v. Dorner, 959 S.W.2d 615, 617
(Tex. 1997) (motion for extension of time implied when appellant files notice of appeal within
fifteen days of deadline for filing notice of appeal).
On December 18, 2013, we sent a letter to appellants, stating that it appeared from
the trial court clerk’s record that their notice of appeal was not timely filed and, as a result, that we
lacked jurisdiction over this appeal. See Tex. R. App. P. 25.1(b) (filing of notice of appeal invokes
appellate jurisdiction). Appellants responded to our letter, but did not assert that they had timely
filed their notice of appeal. Instead, appellants forwarded to this Court a file-stamped copy of their
notice of appeal, showing that the notice was filed with the trial court clerk on October 28, 2013.
Because appellants’ notice of appeal is untimely, this Court lacks jurisdiction to consider this
appeal. Accordingly, we dismiss the cause for want of jurisdiction. See Tex. R. App. P. 42.3.
__________________________________________
Scott K. Field, Justice
Before Justices Puryear, Goodwin and Field
Dismissed for Want of Jurisdiction
Filed: January 15, 2014
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