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Fred Dade v. Howard Greer and Bernadine Banks
Citation: Not availableDocket: 12-08-00014-CV
Court: Court of Appeals of Texas; January 22, 2008; Texas; State Appellate Court
Original Court Document: View Document
The appeal filed by Fred Dade against Howard Greer and Bernadine Banks is dismissed due to lack of jurisdiction. The trial court's judgment was signed on September 20, 2007, establishing an initial deadline for filing a notice of appeal as October 22, 2007. Dade submitted a motion for new trial on October 12, 2007, which was timely, extending the deadline to December 19, 2007. However, Dade filed his notice of appeal on December 27, 2007, after the extended deadline, rendering the notice untimely. On January 10, 2008, the court informed Dade of the untimeliness and allowed until January 21, 2008, to amend the record to establish jurisdiction. Dade subsequently filed a motion for an extension of time to file his notice of appeal, but this was not submitted until January 23, 2008, exceeding the required fifteen days post-deadline. Consequently, the motion for extension was deemed untimely and denied. The court reiterated that it lacks authority to extend appeal timelines beyond what is stipulated in the Texas Rules of Appellate Procedure, leading to the dismissal of the appeal. The opinion was delivered on January 23, 2008, by a panel consisting of Chief Justice Worthen and Justices Griffith and Hoyle.