NUMBER 13-14-00080-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
THOMAS BOWIE, Appellant,
v.
SILVIA LOPEZ, Appellee.
____________________________________________________________
On appeal from the County Court at Law No. 1
of Travis County, Texas.
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MEMORANDUM OPINION
Before Justices Garza, Benavides, and Perkes
Memorandum Opinion Per Curiam
Appellant, Thomas Bowie, attempted to perfect an appeal from a judgment entered
by the County Court No. 1 of Travis County, Texas, in cause number C-1-CV-13-005726.1
Judgment in this cause was signed on July 15, 2013. A motion for new trial was filed on
August 21, 2013, and notice of appeal was filed on December 17, 2013.
1This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a docket
equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West
2005).
On March 11, 2014, the Clerk of this Court notified appellant this his notice of
appeal was defective so that steps could be taken to correct the defect, if it could be done.
Appellant was advised that, if the defect was not corrected within ten days from the date
of receipt of this Court’s letter, the appeal would be dismissed. Appellant has not filed a
response to the Court’s notice.
Texas Rule of Appellate Procedure 26.1 provides that an appeal is perfected when
notice of appeal is filed within thirty days after the judgment is signed, unless a motion for
new trial is timely filed. TEX. R. APP. P. 26.1(a)(1). Where a timely motion for new trial
has been filed, notice of appeal shall be filed within ninety days after the judgment is
signed. TEX. R. APP. P. 26.1(a).
Appellant’s motion for new trial was due on August 14, 2013. See TEX. R. CIV. P.
329b(a). The motion for new trial was untimely because it was filed on August 21, 2013.
Therefore, appellant’s notice of appeal was due to have been filed on or before August
14, 2013. See TEX. R. APP. P. 26.1(a). Appellant did not file his notice of appeal until
December 17, 2013.
The Court, having examined and fully considered the documents on file,
appellant’s failure to timely perfect his appeal, and appellant’s failure to respond to this
Court’s notice, is of the opinion that the appeal should be dismissed for want of
jurisdiction. Accordingly, the appeal is hereby DISMISSED FOR WANT OF
JURISDICTION. See TEX. R. APP. P. 42.3(a)(c).
PER CURIAM
Delivered and filed the
10th day of April, 2014.
2