Garza v. Hibernia National Bank

OPINION

SAM NUCHIA, Justice.

Appellee has filed a motion to dismiss this appeal for lack of jurisdiction. On March 24, 2006, the trial court signed the final judgment. Appellant filed a timely motion for new trial, which was overruled by operation of law on June 7, 2006. The trial court held a hearing and denied the motion on June 26, 2006. 1 Appellant filed his notice of appeal on July 20, 2006, 118 days after the judgment was signed.

If a party files a motion for new trial, a notice of appeal must be filed within 90 days after the judgment is signed. Tex. R.App. P. 26.1. The timely filing of a…