Opinion issued August 22, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00440-CV
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COSTELLA N. WILLIS, Appellant
V.
DARREL WILLIS, Appellee
On Appeal from the 246th District Court
Harris County, Texas
Trial Court Case No. 1117262
MEMORANDUM OPINION
We lack jurisdiction over an appeal in which the notice of appeal is not
timely filed. See TEX. R. APP. P. 25.1(b); Galerie Barbizon, Inc. v. Nat’l Asset
Placement Corp., 16 S.W.3d 506, 508 (Tex. App.—Houston [1st Dist.] 2000, no
pet.). If a post-judgment motion extending the appellate deadline is timely filed,
the appellant must file its notice of appeal within 90 days after the trial court
signed the judgment. See TEX. R. APP. P. 26.1(a)(1)–(a)(4). A timely request for
findings of fact and conclusions of law may extend the appellate timetable when
the findings and conclusions either are required by the Texas Rules of Civil
Procedure or could be considered by the appellate court. See TEX. R. APP. P.
26.1(a)(4); IKB Indus. v. Pro-Line Corp., 938 S.W.2d 440, 443 (Tex. 1997).
However, a request for findings and conclusions must be filed within 20 days of
the rendition of judgment. See TEX. R. CIV. P. 296.
The trial court entered a final decree of divorce on March 9, 2012. On May
1, 2012, Appellant Costella Nicole Willis filed her notice of appeal and a request
for findings of fact and conclusions of law. Consequently, the notice of appeal and
the request for findings of fact and conclusions of law were filed 53 days after the
final decree of divorce was entered.
Willis also filed an amended notice of appeal on May 25, 2012. The
amended notice of appeal references a judgment nunc pro tunc alleged to have
been signed that same day. There is no indication, however, that such a judgment
exists. Accordingly, the only judgment Willis can appeal from is the March 9,
2012 judgment.
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This Court sent notice to Willis that her appeal was subject to dismissal
absent proof of this Court’s jurisdiction. See TEX. R. APP. P. 42.3(a) (allowing
involuntary dismissal of case). Willis did not respond.
The request for findings of fact was not filed within 20 days of the rendition
of judgment. Thus, rule 26.1(a)(4) of the Texas Rules of Appellate Procedure does
not apply, and the appellant must have filed a notice of appeal within 30 days after
the trial court signed the judgment. See TEX. R. APP. P. 26.1. Since the notice of
appeal was not filed within 30 days, the appeal must be dismissed for want of
jurisdiction.
Conclusion
We dismiss the appeal for lack of jurisdiction.
PER CURIAM
Panel consists of Justices Keyes, Higley, and Bland.
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