Opinion
No. 05-09-01309-CV
Opinion Filed March 9, 2010.
On Appeal from the 255th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 04-20690.
Before Justices O'NEILL, LANG, and MYERS.
MEMORANDUM OPINION
On September 23, 2009, the trial court signed an order in a suit to the modify parent-child relationship and an employer's order to withhold income. No timely motion for new trial was filed; therefore, appellant's notice of appeal was due by October 23, 2009. See TEX. R. APP. P. 26.1. Appellant's notice of appeal was filed on October 29, 2009, six days late. Because the notice of appeal was received within the fifteen-day period provided by rule 26.3, this Court sent appellant two letters directing him to file a motion to extend time to file the notice of appeal. See TEX. R. APP. P. 26.3(b); Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997). The second letter, dated December 30, 2009, required an extension motion by January 8, 2010. The letter warned appellant that failure to file an extension motion by the date specified would result in dismissal of the appeal without further notice. Appellant has neither filed a motion to extend time to file the notice of appeal nor otherwise responded to the Court's December 30, 2009 letter.
The timely filing of a notice of appeal is jurisdictional. See TEX. R. APP. P. 25.1(b), 26.3. Because appellant's notice of appeal was untimely, we do not have jurisdiction over this appeal. See Verburgt, 959 S.W.2d at 617.
We dismiss the appeal for want of jurisdiction.