Wallace McNary v. North East Pine Village Homeowners Association

Appeal Dismissed and Memorandum Opinion filed May 21, 2024

In The

Fourteenth Court of Appeals

NO. 14-24-00049-CV

WALLACE MCNARY, Appellant

V.

NORTH EAST PINE VILLAGE HOMEOWNERS ASSOCIATION, Appellee

On Appeal from the 113th District Court
Harris County, Texas
Trial Court Cause No. 2022-60213

MEMORANDUM OPINION

This is an attempted appeal from a judgment signed October 17, 2023.
Appellant filed a timely request for findings of fact and conclusions of law on
November 6, 2023. Appellant’s notice of appeal was due January 16, 2024. See
Tex. R. App. P. 26.1(a) (allowing 90 days from judgment to file notice of appeal
where a motion for new trial or a motion to modify the judgment is filed).
Appellant, however, filed his notice of appeal on January 17, 2024, a date
within 15 days of the due date for the notice of appeal. See Verburgt v. Dorner,
959 S.W.2d 615, 617 (Tex. 1997). Appellant did not file a motion to extend time to
file the notice of appeal. On April 23, 2024, we ordered appellant to file a proper
motion to extend time to file the notice of appeal on or before May 3, 2024, or the
appeal would be subject to dismissal without further notice. See Tex. R. App. P.
26.3; 10.5(b). Appellant did not file a motion. Accordingly, we dismiss the appeal.
See Tex. R. App. P. 42.3.

PER CURIAM

Panel consists of Justices Jewell, Zimmerer, and Hassan.

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