Laboratory Corp. of America v. Mid-Town Surgical Center, Inc.

OPINION

Opinion By

Justice LAGARDE.

This is a restricted appeal from a default judgment signed December 29,1998 by the trial court. Upon review of the record, this Court, on its own motion, questions its jurisdiction over the appeal on two grounds: (1) appellant could not utilize the restricted appeal procedures because it timely filed a postjudgment motion to set aside the default judgment; and (2) the notice of appeal was untimely under rule of appellate procedure 26.1(c) because it was filed six months and seventeen days after the trial court signed the judgment. See TEX. R. APP. P. 30, 26.1.

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