Opinion
03-24-00326-CV
06-19-2024
Rodrigo M. Rios Oliveros, Appellant v. Arlena Gonzalez, Appellee
FROM THE COUNTY COURT AT LAW NO. 4 OF WILLIAMSON COUNTY NO. 23-1417-FC4, THE HONORABLE JOHN B. MCMASTER, JUDGE PRESIDING
Before Chief Justice Byrne, Justices Smith and Theofanis
MEMORANDUM OPINION
Rosa Lopez Theofanis, Justice
On May 17, 2024, Rodrigo M. Rios Oliveros filed a notice of appeal from the trial court's April 25, 2024, order denying his motion for new trial. On May 31, 2024, this Court advised Oliveros that his appeal appeared to be untimely, requested a response from him on or before June 11, 2024, explaining how this Court may exercise jurisdiction over his appeal, and informed him that his appeal may be dismissed for want of jurisdiction unless he timely responded and demonstrated jurisdiction. To date, Oliveros has not filed a response.
An order denying a motion for new trial "is not independently appealable" from the final judgment. Macklin v. Saia Motor Freight Lines, Inc., No. 06-12-00038-CV, 2012 Tex.App. LEXIS 2748, at *2 (Tex. App.-Texarkana Apr. 6, 2012, no pet.) (mem. op.); see Sogo Indus., Inc. v. Tarquin Polymers & Colors, Inc., No. 01-20-00200-CV, 2021 Tex.App. LEXIS 5142, at *2-3 (Tex. App.-Houston [1st Dist.] June 29, 2021, no pet.) (mem. op.) (explaining that appeal from order denying motion for new trial does not exist separately from appeal of underlying judgment); see also Tex. R. App. P. 26.1 (addressing deadlines for perfecting appeals). In this case, the final judgment was a final decree of divorce that was signed on January 23, 2024. Oliveros filed his motion for new trial on February 13, 2024, within the thirty days permitted, setting the deadline for him to file his notice of appeal on or before April 22, 2024-ninety days after the judgment was signed. See Tex. R. App. P. 26.1(a) (setting deadline to file notice of appeal within ninety days after judgment is signed when party timely files motion for new trial). His notice of appeal was not filed until May 17, 2024. Although this Court may grant a 15-day extension, the notice of appeal was also filed outside the extension period. See id. R. 26.3 (authorizing appellate court to extend deadline to file notice of appeal by fifteen days).
Because Oliveros did not file his notice of appeal timely, we do not have jurisdiction over his appeal. Thus, we dismiss it for want of jurisdiction. See Tex. R. App. P. 42.3(a).