1 

## NO. 12

- 21

- 00198

- CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

MICHAEL WAINRIGHT D /

B/A WAINRIGHT CONSTRUCTION , APPELLANT

V.

DAVID DELOUCHE , APPELLEE §

§

§ APPEAL FROM THE

COUNTY COURT AT LAW

CHEROKEE COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM On November 1, 2021, Michael Wai nright d /b/a Wainright Construction filed a notic e of appeal from a judgment signed on July 3, 2021

. On November 3 , this Court notified Wainright that his notice of appeal doe s not show the j urisdiction of this Court, i.e., there was no notice of appeal f iled within the time allowed by the rules of appe llate procedure and no timely motion for an extension of time to file the notice of appeal. See T EX

. R. A PP

. P. 26

. 1 , 26.3

. We informed Wainrig ht that his appeal would be dismissed unless th e information was amended on or before
November 15 to show this Court ’ s jurisdiction. Wainright filed an ame nded notice of appeal, in
which he states the judgment or order appealed from was signed on August 3 , his motion for new
trial was filed on Septem ber 1, and November 3 was the deadline to appeal. However, t he record reflects that while the judgment was f iled on August 3, it was signed

on J uly 3 . Under Rule 26.1 , the notice of appeal must be filed withi n “ 30 days after the judgment is signed , ” or in this case, August 2

. T EX

. R. A PP

. P. 26

. 1 (emphasis added)

. The notice of appeal must be filed within ninety days “ after the judgment is sig n ed ” if any party timely files a motion for new trial. T EX

. R. A PP

. P. 26

. 1 (a)(1) (emphasis added). To be timel y , Wainright ’ s motion for new trial was d ue by Au gust 2. See T EX

. R. C IV

. P. 329b(a) ( motion for
new trial must be filed “prior to or within t h irty days after the judgment or other order2 complained of is signed ” ) (emphasis added). Because he filed a moti on for new trial on September 1 , it was untimely and did not exte nd the appellate deadline for filing a notice of appeal

. See T EX

. R. A PP

. P. 2 6

. 1 (a)(1)

. Thus, Wai n right ’ s notice of appeal was due on or befor e August 2. T EX

. R. A PP

. P. 26

. 1

. But the not ice of appeal was not filed until November 1 , making it untimely. As t his Court is not authorized to extend the tim e for perfecting an appeal e xcept as provided by the Texas Rules of Appellate Procedure , we di smiss the appeal for want of jurisd iction

. Se e T EX

. R. A PP

. P. 42. 3(a)

. Opinion delivered November 17, 2021. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.3 

## COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

NOVEMBER 17 , 2021

NO. 12

- 21

- 00198

- CV

MICHAE L WAINRIGHT D/B/A WAINRIGHT CONSTRUCTION , Appellant V. DAVID DELOUCHE , Appellee

Appeal from the County Court at Law
of Cherokee County, Texas (Tr.Ct.No. CV09832 )

THIS C AU SE came on to be heard on the appellate record, and the same
be ing consider ed, it is the opinion of this Court that it is wi thout jurisdiction of the appeal, and
th at t he ap peal should be dismissed.
I t is therefore ORDERED, ADJUDGED and DECREED by this C ou rt that this appeal be, and the same is, hereby dism issed for w ant of juris diction ; and that this decision
be certified to t he court below for observance. By per curiam opinion

. Panel co nsisted of Wor t hen, C.J., Hoyle, J. and Neeley, J.