Opinion
No. 05-06-00836-CV
Opinion Filed August 21, 2006.
On Appeal from the 363rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. X05-320-W.
Dismiss.
Before Justices WRIGHT, MOSELEY, and LANG.
MEMORANDUM OPINION
Michael Anthony Davis filed a petition for expunction of all records and files related to trial court no. F84-75067-QK. The trial court granted the State's motion for summary judgment and, on October 26, 2005, denied appellant's petition. No motion for new trial was filed; therefore, appellant's notice of appeal was due by November 25, 2006. See Tex.R.App.P. 26.1. Appellant's June 2, 2006 notice of appeal is untimely. Therefore, we do not have jurisdiction over the appeal. We dismiss the appeal for want of jurisdiction. See Tex.R.App.P. 42.3(a).
Even if appellant had filed a timely motion for new trial, his notice of appeal would have been due by January 24, 2006. See Tex.R.App.P. 26.1(a)(1).
We directed the parties to file letter briefs addressing our jurisdiction. Appellant filed a document that did not address the jurisdictional issue. The State responded that we do not have jurisdiction over the appeal.