Opinion issued September 19, 2017
In The
Court of Appeals
For The
First District of Texas
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NO. 01-17-00579-CV
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ALI YAZDCHI, Appellant
V.
MAKANSAM INC. D/B/A IDEAL TOWING, AREA 5 VEHICLE
STORAGE AND THE OAKS CONDOMINIUM ASSOCIATION, Appellees
On Appeal from the County Civil Court at Law No. 3
Harris County, Texas
Trial Court Case No. 1085534
MEMORANDUM OPINION
Appellant Ali Yazdchi attempts to appeal from the trial court’s judgment
signed March 27, 2017.
Generally, a notice of appeal is due within thirty days after the judgment is
signed. See TEX. R. APP. P. 26.1. The deadline to file a notice of appeal is
extended to 90 days after the date the judgment is signed if any party timely files a
motion for new trial, motion to modify the judgment, motion to reinstate, or, under
certain circumstances, a request for findings of fact and conclusions of law. See
TEX. R. APP. P. 26.1(a). The time to file a notice of appeal may also be extended
if, within 15 days after the deadline to file the notice of appeal, a party properly
files a motion for extension. See TEX. R. APP. P. 10.5(b), 26.3.
The record reflects that the trial court signed the final judgment on March
27, 2017. Appellant timely filed a motion for new trial on April 21, 2017. See
TEX. R. CIV. P. 329b(a). Therefore, appellant’s notice of appeal was due by June
25, 2017. See TEX. R. APP. P. 26.1(a).
Appellant untimely filed his notice of appeal on July 17, 2017. Without a
timely filed notice of appeal, this Court lacks jurisdiction over the appeal. See
TEX. R. APP. P. 25.1.
On August 1, 2017, we notified appellant that his appeal was subject to
dismissal for want of jurisdiction unless, by August 15, 2017, he filed a response
showing grounds for continuing the appeal. See TEX. R. APP. P. 42.3(a). Appellant
has not filed a response.
Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R.
APP. P. 43.2(f). We dismiss any pending motions as moot.
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PER CURIAM
Panel consists of Chief Justice Radack and Justices Keyes and Massengale.
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