Montalvo v. Rio National Bank

OPINION

Appellant, Rolando Montalvo, seeks to appeal from a summary judgment rendered in favor of appellees, Rio National Bank, Homer L. Tumlinson, and Dan Newey. Appellees have filed a motion to dismiss the appeal for lack of jurisdiction and for costs. We dismiss the appeal for lack of jurisdiction and grant appellees’ motion for costs.

The trial court signed the final summary judgment on January 24, 1994. Pursuant to Texas Rule of Civil Procedure 329b, a motion for new trial was due to be filed on or before February 23, 1994. The motion for new trial was not filed until March 16, 1994. The…