Woodard v. Higgins

The order granting dismissal was signed on May 10, 2004. No motion for new trial was filed. Furthermore, the notice of appeal received by the trial court clerk contains a file mark of June 11, 2004, and the certificate of service executed by counsel for the Woodards discloses that the document was mailed to this court and opposing counsel on June 11, 2004. Because the deadline to perfect an appeal was June 9, 2004, the notice of appeal appeared untimely. Tex. R. App. P. 26.1 (stating that one must file a notice of appeal within 30 days of the date the final order is signed, unless that deadline has been extended by motion or rule of procedure). Furthermore, no motion (timely or otherwise) to extend the June 9th deadline was received by this court.