Opinion
No. 05-08-01056-CV
Opinion Filed August 26, 2008.
On Appeal from the 116th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 07-01020-F.
Before Justices MORRIS, WHITTINGTON and O'NEILL.
MEMORANDUM OPINION
The Court has before it appellant's August 4, 2008 motion to extend the time to file the notice of appeal and appellant's August 4, 2008 notice of appeal. The Court also has before it appellees' August 13, 2008 response to appellant's motion to extend time to file his notice of appeal.
Appellant appeals a June 10, 2008 final judgment. Appellant did not timely file a post-judgment motion in the trial court extending the deadline to appeal. Therefore, the deadline for appellant to file a notice of appeal was July 10, 2008. See Tex. R. App. P. 26.1. Appellate rule 26.3 allows an appellant to file a notice of appeal beyond the thirty day deadline if, within fifteen days after the deadline for filing the notice of appeal, he files the notice of appeal in the trial court and files a motion complying with appellate rule 10.5(b) in the appellate court. See Tex. R. App. P. 26.3. Appellant's motion for extension of time to file his brief was due no later than July 25, 2008.
Appellant did not timely file his notice of appeal. The timely filing of a notice of appeal is jurisdictional. See Tex. R. App. P. 25.1(b).
We DISMISS this appeal for want of jurisdiction. We DENY as moot appellant's motion for extension of time to his notice of appeal.