Walters v. 21st Century Ins. Co.
Docket: 05-11-01391-CV
Court: Court of Appeals of Texas; December 12, 2011; Texas; State Appellate Court
James A. Walters appealed against 21st Century Insurance Co. Financial Services but filed his notice of appeal on October 13, 2011, which was untimely. The underlying judgment was entered on February 18 and/or February 25, 2011. Assuming a motion for new trial was filed, the deadline for the notice of appeal would be June 6, 2011, due to June 5 falling on a Sunday. Walters claimed he had filed an "oral" notice of appeal in February and referenced two petitions for writ of mandamus; however, neither constituted a valid notice of appeal under the Texas Rules of Appellate Procedure. As a result, the Court of Appeals of Texas dismissed the appeal for lack of jurisdiction, as the notice was filed more than three months late.