Opinion
No. 05-11-00195-CV
Opinion issued June 13, 2011.
On Appeal from the County Court at Law No. 1 Dallas County, Texas, Trial Court Cause No. CC-09-08618-A.
Before Chief Justice WRIGHT and Justices O'NEILL and LANG-MIERS.
MEMORANDUM OPINION
Hartford Insurance Group appeals the order dismissing its case against appellee Marco A. Perez for want of prosecution. The trial court's dismissal order was signed on September 9, 2010, and appellant filed a verified motion to reinstate on October 7, 2010. The clerk's record does not contain an order denying the October 7, 2010 motion to reinstate. However, on January 13, 2011 appellant filed a motion to reconsider the order denying its motion to reinstate. The motion to reconsider was denied by written order dated January 27, 2011. Appellant filed a notice of appeal on February 23, 2011. Because appellant's notice of appeal appeared to be untimely, we directed the parties to file letter briefs addressing our jurisdiction over the appeal. Appellant responded that its notice of appeal was timely because it was filed within thirty days of the date the trial court denied the motion to reconsider. Thus, appellant contends, we have jurisdiction over the appeal. Appellee did not respond. We conclude we lack jurisdiction over the appeal.
Although the documents also contain the name Maria Delpilar as a defendant/appellee, the clerk's record contains a June 21, 2010 order of non-suit and dismissal of appellant's claims against Delpilar. Therefore, she is not a party to this appeal.
Texas Rule of Appellate Procedure 261.1(a)(3) provides that a notice of appeal is due within ninety days of the date a judgment is signed when a timely motion to reinstate a case is filed pursuant to Texas Rule of Civil Procedure 165a. See Tex. R. App. P. 26.1(a); Tex. R. Civ. P. 165a. Contrary to appellant's assertion, the deadline for filing the notice of appeal runs from the date of the trial court's dismissal order, not the date the trial court rules on a motion to reinstate. See Weik v. Second Baptist Church of Houston, 988 S.W.2d 437, 438 (Tex. App.-Houston [1st Dist.] 1999, pet. denied); Hosey v. County of Victoria, 832 S.W.2d 701, 703 (Tex. App.-Corpus Christi 1992, no pet.).
In this case, appellant's notice of appeal was due by December 8, 2010-ninety days after September 9, 2010. See Tex. R. App. P. 26.1(a)(3); Weik, 988 S.W.2d at 438; Hosey, 832 S.W.2d at 703. Appellant's February 23, 2011 is untimely, leaving us without jurisdiction over the appeal.
We dismiss the appeal for want of jurisdiction.