In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-18-00341-CV
___________________________
JERALD H. MILLER, Appellant
V.
SHEREE LUCAS, Appellee
On Appeal from the 352nd District Court
Tarrant County, Texas
Trial Court No. 352-291003-17
Before Gabriel, Kerr, and Pittman, JJ.
Memorandum Opinion by Justice Gabriel
MEMORANDUM OPINION
Appellant Jerald H. Miller attempts to appeal from the trial court’s “Final
Judgment”1 in favor of appellee Sheree Lucas and from “all judgments . . . to the date
of [his] Notice of Appeal.” After timely filing a motion for new trial on July 24,2
which the trial court denied on July 31, Miller filed a notice of appeal on October 22.
On October 24, we notified Miller that his notice of appeal appeared to have been
untimely filed and advised that we would dismiss his appeal for want of jurisdiction
unless he responded no later than November 5 and showed grounds to continue the
appeal. See Tex. R. App. P. 42.3(a), 44.3. Miller did not respond.
Because Miller timely filed a motion for new trial but did not file a motion to
extend the time to file his notice of appeal, the notice was due no later than
September 19. See Tex. R. App. P. 26.1(a)(1). Because Miller filed his notice of appeal
thirty-three days after the appellate deadline expired, we do not have jurisdiction over
his attempted appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997); Florence
v. Miller, No. 02-17-00325-CV, 2017 WL 4683829, at *1 (Tex. App.—Fort Worth
Oct. 19, 2017, no pet.) (mem. op.); Ross v. Guerra, 83 S.W.3d 899, 900 (Tex. App.—
Miller erroneously states in his notice of appeal that the date of the final
1
judgment was July 31, 2018; but the trial court signed the final judgment on June 21,
2018.
2
Although the motion was filed one day after the thirty-day deadline expired,
Miller had placed it in the mail on July 21, rendering it timely filed. See
Tex. R. Civ. P. 5, 329b(a); see also Tex. R. App. P. 9.2(b)(1).
2
Texarkana 2002, no pet.); see also Tex. R. App. P. 26.3. Accordingly, we dismiss the
appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).
/s/ Lee Gabriel
Lee Gabriel
Justice
Delivered: December 13, 2018
3