Opinion
NO. 09-17-00171-CV
06-22-2017
GOLDEN YEARS ASSISTED LIVING, Appellant v. PRISCILLA J. RICHARD, ON BEHALF OF BRUCE RICHARD, Appellee
On Appeal from the 128th District Court Orange County, Texas
Trial Cause No. A150292-C
MEMORANDUM OPINION
On January 11, 2017, the trial court signed an order denying a motion to dismiss for failure to file an adequate expert report. The notice of appeal was due January 31, 2015. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(9) (West Supp. 2016); see also Tex. R. App. P. 26.1(b). Golden Years Assisted Living filed a notice of appeal on May 19, 2017. The notice recites that the trial court first notified the parties that the order had been signed on May 1, 2017. The appellee, Priscilla J. Richard on behalf of Bruce Richard, filed a motion to dismiss the appeal.
The rule for extending the commencement of filing periods to the date a party acquires notice or knowledge that a judgment or appealable order has been signed does not apply here because the appellant received notice more than ninety days after the trial court signed the order. See Levit v. Adams, 850 S.W.2d 469, 470 (Tex. 1993); J.E.E. v. G.C.E., No. 02-14-00066-CV, 2014 WL 1510054, at *1 (Tex. App.—Fort Worth Apr. 17, 2014, no pet.) (mem. op.); see also Tex. R. Civ. P. 306a(4). Therefore, the time for filing the notice of appeal commenced January 11, 2017. The notice of appeal was filed outside the time for which an extension of time may be granted for the filing of a notice of appeal. See Tex. R. App. P. 26.3. We grant the motion to dismiss and dismiss the appeal for lack of jurisdiction.
APPEAL DISMISSED.
/s/_________
CHARLES KREGER
Justice Submitted on June 21, 2017
Opinion Delivered June 22, 2017 Before Kreger, Horton, and Johnson, JJ.