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Elena Garza as Mother and Next Friend of Nathali Selena Garcia v. Juan Garcia, Juana Fuentes, Alberto Garcia, Jose Salvador Garcia and Hermalinda Garcia
Citation: Not availableDocket: 01-12-00866-CV
Court: Court of Appeals of Texas; December 12, 2012; Texas; State Appellate Court
Original Court Document: View Document
Elena Garza, acting as the mother and next friend of Nathali Selena Garcia, attempted to appeal a trial court judgment signed on May 29, 2012. The appellees, including Juan Garcia and others, filed a motion to dismiss the appeal for lack of jurisdiction. The court granted this motion, determining that the appeal was untimely. According to Texas Rules of Appellate Procedure, a notice of appeal must be filed within thirty days of the judgment, extendable to ninety days if a motion for new trial is filed within thirty days. Garza’s motion for new trial was filed one day late, on June 29, 2012, after the June 28 deadline. Consequently, the motion did not extend the deadline for filing the notice of appeal, which also remained due by June 28, 2012. Garza's notice of appeal was filed on August 30, 2012, well past the deadline. Thus, without a timely notice of appeal, the court lacked jurisdiction. The appeal was dismissed, and all pending motions were deemed moot. The panel included Justices Keyes, Massengale, and Brown.