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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

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§

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APPEAL FROM THE

COUNTY COURT AT LAW

CHEROKEE COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

On November 1, 2021, Michael Wainright d/b/a Wainright Construction filed a notice of 

appeal from a judgment signed on July 3, 2021. On November 3, this Court notified Wainright

that his notice of appeal does not show the jurisdiction of this Court, i.e., there was no notice of 

appeal filed within the time allowed by the rules of appellate procedure and no timely motion for 

an extension of time to file the notice of appeal. See TEX. R. APP. P. 26.1, 26.3. We informed 

Wainright that his appeal would be dismissed unless the information was amended on or before 

November 15 to show this Court’s jurisdiction. Wainright filed an amended 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 September 1, and November 3 was the deadline to appeal.

However, the record reflects that while the judgment was filed on August 3, it was signed 

on July 3. Under Rule 26.1, the notice of appeal must be filed within “30 days after the 

judgment is signed,” or in this case, August 2. TEX. R. APP. P. 26.1 (emphasis added). The 

notice of appeal must be filed within ninety days “after the judgment is signed” if any party 

timely files a motion for new trial. TEX. R. APP. P. 26.1(a)(1) (emphasis added). To be timely, 

Wainright’s motion for new trial was due by August 2. See TEX. R. CIV. P. 329b(a) (motion for 

new trial must be filed “prior to or within thirty days after the judgment or other order 
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complained of is signed”) (emphasis added). Because he filed a motion for new trial on 

September 1, it was untimely and did not extend the appellate deadline for filing a notice of 

appeal. See TEX. R. APP. P. 26.1(a)(1). Thus, Wainright’s notice of appeal was due on or before 

August 2. TEX. R. APP. P. 26.1. But the notice of appeal was not filed until November 1, making 

it untimely. As this Court is not authorized to extend the time for perfecting an appeal except as 

provided by the Texas Rules of Appellate Procedure, we dismiss the appeal for want of 

jurisdiction. See TEX. R. APP. P. 42.3(a).

Opinion delivered November 17, 2021.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
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COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

NOVEMBER 17, 2021

NO. 12-21-00198-CV

MICHAEL 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 CAUSE came on to be heard on the appellate record, and the same 

being considered, it is the opinion of this Court that it is without jurisdiction of the appeal, and 

that the appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this Court that 

this appeal be, and the same is, hereby dismissed for want of jurisdiction; and that this decision 

be certified to the court below for observance.

By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.