COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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LUIS RAUL CAMACHO, No. 08-13-00199-CV
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Appellant, Appeal from the
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v. 171st District Court
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JOSEPH D. VASQUEZ, of El Paso County, Texas
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Appellee. (TC# 2011DCV01977)
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MEMORANDUM OPINION
Luis Raul Camacho appeals from an order dismissing his suit. We dismiss the appeal for
want of jurisdiction.
The trial court signed the dismissal order on February 13, 2013. Appellant timely filed a
motion for new trial on March 11, 2013. See TEX.R.CIV.P. 329b(c). Thus, Appellant’s notice of
appeal was due to be filed on or before May 14, 2013. See TEX.R.APP.P. 26.1(a)(1)(providing
that notice of appeal must be filed within 90 days after the judgment is signed if any party timely
files a motion for new trial). Appellant did not file his notice of appeal until July 22, 2013. The
Clerk sent a notice to Appellant informing him of the Court’s intent to dismiss the appeal
because the notice of appeal had not been timely filed. See TEX.R.APP.P. 42.3. Appellant filed a
written response asserting that his notice of appeal was timely filed because this is a restricted
appeal.
In a restricted appeal, the notice of appeal is due to be filed within six months after the
judgment or order is signed. TEX.R.APP.P. 26.1(c). Rule 30 of the Texas Rules of Appellate
Procedure permits a restricted appeal only when the appellant “did not participate--either in
person or through counsel--in the hearing that resulted in the judgment complained of” and “did
not timely file a postjudgment motion . . . .” TEX.R.APP.P. 30; see Alexander v. Lynda’s
Boutique, 134 S.W.3d 845, 848 (Tex. 2004)(stating requirements of restricted appeal). A motion
for new trial is a postjudgment motion and it is timely if filed within thirty days after the
judgment or other order complained of is signed. See TEX.R.CIV.P. 329b(a). Because Appellant
timely filed a motion for new trial, he is not permitted to bring a restricted appeal under Rule 30
and his notice of appeal was due to be filed on May 14, 2013, ninety days after the trial court
signed the dismissal order. See TEX.R.APP.P. 26.1(a)(1), 30. Appellant filed his notice of appeal
on July 22, 2013, more than fifteen days after the due date. Accordingly, we dismiss the appeal
for lack of jurisdiction.
October 9, 2013
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rivera, and Rodriguez, JJ.