Dismissed and Opinion Filed February 27, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00039-CV
JOHN L. WRIGHT, Appellant
V.
TEXAS MUTUAL INSURANCE, Appellee
On Appeal from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-12-13703
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Brown
Opinion by Chief Justice Wright
By letter dated January 23, 2014, the Court raised a question concerning its jurisdiction
over this appeal because it appeared that the notice of appeal in this case was not filed within the
time limits of the Texas Rules of Appellate Procedure. The Court requested appellant to provide
a letter brief to the Court explaining how the Court had jurisdiction over this appeal. Appellant
brought this suit complaining of injuries suffered in the course of his employment and the
disposition of his claims related to the injuries by his employer’s insurance carrier. The final
judgment in this case was signed on November 14, 2013. Appellant did not file a post-judgment
motion extending the appellate timetable. Thus, appellant’s notice of appeal was due thirty days
from the date the judgment was signed, on or before December 16, 2013. Appellant filed his
notice of appeal on January 10, 2014. Appellant contends that he relied on advice from the
district clerk’s office that he had sixty days in which to perfect an appeal. In the absence of a
post-judgment motion extending the appellate timetable, notice of appeal is due thirty days after
the judgment is signed. See TEX. R. APP. P. 26.1. Without a timely filed notice of appeal, this
Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b). Accordingly, the Court DISMISSES the
appeal. Based on the Court’s disposition of this case, the Court DENIES the motion for
extension of time to file the reporter’s record in this case as moot.
140039F.P05 /Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOHN L. WRIGHT, Appellant On Appeal from the 134th Judicial District
Court, Dallas County, Texas
No. 05-14-00039-CV V. Trial Court Cause No. DC-12-13703.
Opinion delivered by Chief Justice Wright.
TEXAS MUTUAL INSURANCE, Appellee Justices Lang-Miers and Brown
participating.
In accordance with this Court’s opinion of this date, the judgment of the trial court is
DISMISSED for want of jurisdiction.
It is ORDERED that appellee TEXAS MUTUAL INSURANCE recover its costs of this
appeal from appellant JOHN L. WRIGHT.
Judgment entered this 27th day of February, 2014.
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
–3–