Opinion
No. 04-07-00098-CV
Delivered and Filed: March 21, 2007.
Appeal from the 218th Judicial District Court, Frio County, Texas, Trial Court No. 06-05-00108-CVF, Honorable STELLA SAXON, Judge Presiding.
Sitting: CATHERINE STONE, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN Marion, Justice.
MEMORANDUM OPINION
DISMISSED FOR WANT OF JURISDICTION
The trial court signed a final judgment on December 4, 2006. Because appellant did not file a motion for new trial, motion to modify the judgment, motion for reinstatement, or request for findings of fact and conclusions of law, the notice of appeal was due to be filed on January 3, 2007. See Tex. R. App. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on January 18, 2007. See Tex. R. App. P. 26.3. Appellant, however, did not file his notice of appeal until February 8, 2007 and did not file a motion for extension of time.
On February 21, 2007, we ordered appellant to show cause in writing why this appeal should not be dismissed for want of jurisdiction. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) ("once the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court's jurisdiction."). Although appellant responded to our order on March 5, 2007, he provided no basis upon which this court can obtain jurisdiction over this appeal. Consequently, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3.