COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

VALERUS COMPRESSION 

SERVICES, A TEXAS LIMITED 

PARTNERSHIP, VALERUS 

COMPRESSION SERVICES 

MANAGEMENT, LLC, A TEXAS 

LIMITED LIABILITY COMPANY, 

GENERAL PARTNER,

 Appellants,

V.

REEVES COUNTY APPRAISAL 

DISTRICT AND LOVING COUNTY 

APPRAISAL DISTRICT

 Appellees.

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No. 08-13-00366-CV

Appeal from the

143rd District Court

of Reeves County, Texas

(TC# 13-01-20290-CVR)

MEMORANDUM OPINION

This appeal is before the Court on its own motion to determine whether the cross-appeal 

of Reeves County Appraisal District and Loving County Appraisal District should be dismissed 

for want of jurisdiction. Finding that the notice of cross-appeal was not timely filed, we dismiss 

the appeal for want of jurisdiction.

A civil appeal is perfected when the notice of appeal is timely filed. TEX.R.APP.P. 25.1, 

26.1; see Restrepo v. First National Bank of Dona Ana County, N.M., 892 S.W.2d 237, 238 

(Tex.App.--El Paso 1995, no writ). If the notice of appeal is untimely, the reviewing court lacks 

jurisdiction and must dismiss the case. See Charette v. Fitzgerald, 213 S.W.3d 505, 509

(Tex.App.--Houston [14th Dist.] 2006, no pet.). In an ordinary civil appeal appeal, the notice of 
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appeal must be filed within 30 days after the judgment or appealable order is signed or within 90 

days if any party timely files a motion for new trial, motion to modify the judgment, motion to 

reinstate under TEX.R.CIV.P. 165a, or makes a request for findings of fact and conclusions of 

law. TEX.R.APP.P. 26.1(a). The appellate court may extend the time to file the notice of appeal 

if, within fifteen days after the deadline passes, the appellant files (1) the notice of appeal in the 

trial court and (2) a motion for extension of time complying with Rule 10.5(b). TEX.R.APP.P.

26.3; see TEX.R.APP.P. 10.5(b); Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). 

The trial court signed the summary judgment on November 12, 2013 and none of the 

parties filed a motion for new trial or motion to modify the judgment. Thus, the notice of appeal 

was due to be filed on December 12, 2103, thirty days after the judgment is signed. 

TEX.R.APP.P. 26.1(a). The Appellants, Valerus Compression Services, L.P. and Valerus 

Compression Services Management, L.L.C., timely filed their notice of appeal on December 12, 

2013. Reeves County Appraisal District and Loving County Appraisal District did not file their 

notice of appeal until January 15, 2014. Rule 26.1(d) provides that if any party timely files 

notice of appeal, another party may file a notice of appeal within the applicable deadline stated 

under Rule 26.1 or fourteen days after the first filed notice of appeal, whichever is later. 

TEX.R.APP.P. 26.1(d). The deadline for Reeves County Appraisal District and Loving County 

Appraisal District to file their notice of appeal was December 27, 2013. Their notice of appeal 

filed nineteen days after the due date on January 15, 2014 was untimely.

On January 15, 2014, the Clerk of the Court notified Reeves County Appraisal District 

and Loving County Appraisal District that it appeared their notice of appeal had not been timely 

filed and informed them the Court intended to dismiss the appeal for want of jurisdiction unless 

any party could establish grounds for continuing the appeal. The notice required a response 
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within ten days, but no response has been filed. Accordingly, we dismiss the cross-appeal of 

Reeves County Appraisal District and Loving County Appraisal District for want of jurisdiction. 

The appeal brought by Appellants, Valerus Compression Services, L.P. and Valerus 

Compression Services Management, L.L.C., will proceed.

February 19, 2014

YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rivera, and Rodriguez, JJ.