I)ISMISS; Opinion liled October 9, 2012

In The (!nurt 

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ZINIS LLC DIBIA ZINIS PIZZAERIA, Appellant V. DALLAS COUNTY, CITY OF DALLAS, DALLAS INDEPFNDEN I SCHOOL DISTRICT, I)ALLAS COUNTY SCHOOL EQUALIZATION FUND, PARKLAND hOSPITAL DISTRICT, AN!) 1)ALLAS COUNTY COMMUNITY COLLEGE DISTRICT, Appdllecs

on Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. TX-I 1-30001 

### MEMORANDUM OPINION Before ChiefJustice Wright and Justices Francis and Lang-Miers Opinion By ChiefJustice Wright By letter dated August 8. 2012. the Court questioned its jurisdiction over this appeal. Specifically, we questioned the timeliness ofappellant’s notice ofappeal. We directed appellantto file ajurisdictional briefexplaining howthe Courthasjurisdictionand gave appellee an opportunity to file a response. Appellant filed ajurisdictional brief. Appellee did not file a response. The trial court signed thejudgment on October 17, 2011. Appellant filed a timely motion for new trial. Accordingly. the notice ofappeal was due on January 15, 2012, ninety days from the date thejudgment was signed. See TEx. R. App. P. 26.1(a)(l). Appellant filed its notice ofappeal


### on February 13, 2012, twenty-nine days past the due date. Without a timely filed notice ofappeal,this Court lacks jurisdiction. See Trx. R.App. P. 25.1(b). When a party adversely affected by the udunient does not receive notice within twenty days ofjudgment, the period for filing the appeal begins to run from the date the party received notice, provided no more than ninety days have elapsed since the signing ofthejudgment. See TEx. R. App. P. 4.2(a)( I ). To henelit from this notice rule, the party seeking relieffrom the judgment must prove in the trial court. on sworn motion, the (late ofnotice. See IEX. R. App. P. 306a(5): TEx. R. Apr. P. 4.2. For purposes ofappellatejurisdiction, the trial court must sign a written order specifying the date when the party orthe party’s attorney first learned ofthejudgment. See TEx. R. App.

, 4.2(c). Inits response, appellant informs the Courtthatit did notreceive notice ofthejudgmentuntil November 14. 2011, morethantwenty days from the date thejudgmentwas signed. Appellant states “[al verified Rule 306a(3) motion was sent to the Court with a return envelope and request for hearing setting.” Appellant contends that, in light ofits 306a motion, the appellate deadlines begin to run from November 14, 2011 instead ofOctober 17. 2011. We disagree. Although appellant moved for a finding that it did not receive notice ofthe judgment until November 14, 2011. it failed to set the motion fbi’ hearing and obtain a ruling. See TEx. R. Civ. P. 306a(5); TEx. R. App. P. 4.2(c). Without aruling, the notice ofappeal was due no laterthan .January 15, 2012. See TEx. R. App. P. 26.1. Appellant’s February 13, 2012 notice ofappeal was untimely. Without a timely filed notice ofappeal, this Court lacksjurisdiction. See TEx. R. App. P.25.1(b). Accordingly. we dismiss the appeal for want ofjurisdiction. See TEx. R. App. P. 42.3(a).

CAROL$yvRiqW1 CHIEU’tI(

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## )a1ta JUDGMENT ZINIS LLC 1)/B/A LINES PIZZAFRIA. Appeal from the 44th Judicial District Court Appellant of Dallas County. Texas. (Tr.Ct.No. TX-I 1- 30001 ). No. 05-12-01026-CV V. Opinion delivered by Chief Justice Wright, JuStices Francis and Lg

-MiCrS, DALLAS COUNTY, CITY OF DALLAS, participating. DAI I AS INI)[ PFNDI Ni SCHOOl DIStRICt I)ALI z\5 COUNTY SCHOOL EQUALIZATION FUNI). PARKLAND HOSPITAL DISTRICT. AND DAL1.AS COUNTY COMMUNITY COLLEGE DISTRICT, Appellees Based 

### on the Court’s opinion ofthis date, the appeal is DISMISSED. It is ORDERED that appellees, Dallas County. City ofDallas, Dallas independent School District. Dallas County School Equalization Fund. Parkiand Hospital District, 

### and I)allas 

### County Community College District, recovertheircosts 

### ofthe appeal from appellant. Zinis LLC d/b/a Zinis Pizzaeria. Judgment entered October 9. 2012.

.... / / CAROLYN WRIGI4f CFIIEF JUSTICE