J)ISMISS; Opinion tiled October 10, 2012

In The 

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## uf exa at Jat1a No. 05-i 2-00522-CV THON’IAS V. MILLER D/B/A MILLER HOUSE MOVERS, Appellant V. TEXAS STAR BANK, ROBERT H. HYNDS, TOHNIE HYNDS, AND .1. DON CORDON, Appellees On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-04997-2009



### MEMORANDUM OPINION Before ChiefJustice Wright and Justices Francis and Lang-Miers Opinion By ChiefJustice Wright By letterdatedAugust27. 2() 12. the Courtquestioned itsjurisdiction overthe appeal because it appeared the notice ofappeal was untimely. We directed appellant to file ajurisdictional brief explaining how we havejurisdiction and gave appellees an opportunity to respond. Appellant filed
ajurisdictional briefand appellees filed a response. Unless atimelypost-judgmentmotion is filedto extend the appellate timetables, a notice of appeal is due thirty days after the judgment is signed. See TEx. R. App. P. 261. Without a timely filed notice ofappeal, this Court lacksjurisdiction. See TEx. R. App. P. 25.1(b). When a party adversely affected by thejudgment does not receive notice within twenty days ofjudgment. theperiod for tiling the appeal begins to run from the date the part received notice. provided no more than ninety days have elapsed since the date thejudgment was signed. See TEX. R. App. P. 4.2(a)(1). lo benefit from this notice rule, the party seeking relieffrom thejudgment must prove in the trial court, on sworn motion, the dale ofnotice. See IEX. R. Civ. P. 306a(5) Tix. R. App. P. 4.2. For
UO5CS ol appellatejurisdiction, the trial court must sign a written order specifying the date when the party or the party’s attorney first learned ofthejudgment. See TEx. R. APP. P. 4.2(c). The trialjude signedthe order ofdismissal on January 

### 31. 2012.1 In hisjurisdictionalbrieI appellantcontendsthat he did not getnotice ofthe orderofdismissal until April 18. 2012. Appellant did not file a 306a motion in the trial court nor did he obtain aruling from the trial court specifying the date when he first learned ofthe judgment. For these reasons, appellant cannot rely on the additional time allottedh rule 4.2 ofthe rules ofappellateprocedure. See TEx. R. Api. P. 4.2(a)-(c). Appellant did not tile a post-judgment motion that extended the appellate timetables. Accordingly, the notice ofappeal was due on March 1, 2012. 

### See TEx. R. App. P. 26.1. Appellant filed a notice ofappeal on April 1 8. 2012. Because appellant did not file a timely notice ofappeal. this Court lacks jurisdiction. We dismiss the appeal. See TEx. R. App.

, 42.3(a).

/ a— I /7 CAROLYNWRIGHT ChIEF JUS1 ICE 1 2 0522F.P05

‘We note that the dockctsheet reflects the order ofdismissal was signed on Februai’ 20, 2012. However, a written order controls overadocket entr See Guyos v. (htyot, 3 5.W.Sd 243. 247 (Tex. App—Fort Worth 1999, no pet.).

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## Outt JUDGMENT TI IOMAS V. MILLER D/B/A MILLER I lOUSE MOVERS. Appellant No. 05-12-00522-CV V TEXAS STARBANK, ROBERT 1-I. HYNDS, TOHNIE IIYNDS, AND J. DON GORDON. Appellees Appeal from the 4 16th Judicial District Court of Collin County. Texas. (Tr.Ct.No. 416— 04997-2009). Opinion delivered by Chief Justice Wright, Justices Francis and Lang

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### lviicrs, participating.

Based on the Court’s opinion of

### this date, the appeal is 

### DiSMISSED. It is ORDERED that appellees, Texas Star Bank, Robert H. Hynds. Tohnie 1-lynds, and J. Don Gordon. recovertheir costs of

### the appeal from appellant. Thomas V. Miller d/b/a Miller Ilouse 

### Movers. Judgment entered October 10, 2012.

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