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Quanaim v. Frasco Restaurant & Catering9/23/1999
l issues in the case for it to be a final, appealable judgment. See Mafrige v. Ross, 866 S.W.2d 590, 591 (Tex. 1993). Once a summary judgment becomes a final and appealable judgment, the timetables for challenging the judgment begin to run. See Tex. R. Civ. P. 329b(d) (timetable for trial court to grant new trial or vacate, modify, correct, or reform the judgment); Tex. R. App. P. 26.1 (appellate timetable). The trial court's period of plenary power over its judgment and the last day to file a motion for new trial or perfect an appeal are the same: thirty days after the date the judgment is signed. See Tex. R. Civ. P. 329b(a), (d); Tex. R. App. P. 26.1.
The following timetable illustrates the operative dates for purposes of determining when the time for Quanaim to challenge the trial court's rulings began and ended:
The May 11, 1998 order, granting summary judgment based on the Texas Labor Code's exclusive remedy provision terminated the outstanding claims and rights of all parties, thus making that judgment final. Upon the trial court's signing of the May 11, 1998 order, there remained nothing for the trial court to adjudicate. Therefore, the May 11, 1998 order was the final judgment in this case. Quanaim did not file his motion for new trial or notice of appeal until more than thirty days after the signing of the May 11, 1998 final judgment. Consequently, Quanaim did not timely perfect an appeal.
Conclusion
While we generally endeavor to construe procedural rules liberally when possible so that a litigant does not lose his right to appeal through the imposition of a requirement not absolutely necessary from the literal words of the rules, it is not possible to do so on this record. Inasmuch as Quanaim failed to file a timely notice of appeal from the final judgment in the case, this court acquired no jurisdiction. We have no alternative but to dismiss this appeal.
The court's order of November 19, 1998 is vacated. This appeal is dismissed for lack of jurisdiction.
Judgment rendered and Opinion filed September 23, 1999.
Publish - Tex. R. App. P. 47.3(b).
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