DISMISS and Opinion Filed February 8, 2017
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-01366-CV
NERISSA ONA, Appellant
V.
JULIANITO SAMSON CLEMENTE, Appellee
On Appeal from the 417th Judicial District Court
Collin County, Texas
Trial Court Cause No. 417-02904-2015
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright
By letter dated January 6, 2017, the Court questioned its jurisdiction over this appeal
because the notice was untimely. The notice of appeal was, however, filed within fifteen days of
the deadline. For this reason, we informed appellant that she could remedy the timeliness
problem by filing, by January 17, 2017, a motion for extension of time to file the notice of
appeal. See TEX. R. APP. P. 26.3. We cautioned appellant that failure to file an extension motion
by the specified date may result in dismissal of the appeal for want of jurisdiction without further
notice. As of today’s date, appellant has not filed an extension motion.
Absent a timely post-judgment motion extending the appellate timetable, a notice of
appeal is due thirty days after the date the judgment is signed or, with an extension motion, forty-
five days after the date the judgment is signed. See TEX. R. APP. P. 26.1, 26.3. Without a timely
filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).
The trial court signed the judgment on October 13, 2016. Appellant did not file a timely
post-judgment motion extending the appellate timetable. Accordingly, the notice of appeal was
due on Monday, November 14, 2016. See TEX. R. APP. P. 4.1(a), 26.1. Appellant filed a notice
of appeal on November 17, 2016, three days past the deadline.
Counsel for appellee filed a letter stating that he believes Defendant’s Motion to Correct
Clerical Errors in Final Summary Judgment filed on October 18, 2016 served to extend the
appellate deadlines. See TEX. R. CIV. P. 316. We disagree. A rule 316 motion to correct clerical
errors does not extend the time for perfecting an appeal. See TEX. R. CIV. P. 329b(g).
Appellant failed to file a timely notice of appeal or seek an extension of time.
Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
161366F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
NERISSA ONA, Appellant On Appeal from the 417th Judicial District
Court, Collin County, Texas
No. 05-16-01366-CV V. Trial Court Cause No. 417-02904-2015.
Opinion delivered by Chief Justice Wright.
JULIANITO SAMSON CLEMENTE, Justices Lang-Miers and Stoddart
Appellee participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee JULIANITO SAMSON CLEMENTE recover his costs of
this appeal from appellant NERISSA ONA.
Judgment entered February 8, 2017.
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