Opinion
No. 08-03-00206-CV.
June 19, 2003.
Appeal from the 34th District Court of El Paso County, Texas (TC# 98-2135).
Before Panel No. 1: LARSEN, McCLURE, and CHEW, JJ.
MEMORANDUM OPINION
Paul James Koumjian filed his notice of appeal with the district court clerk on April 25, 2003, almost two months after the February 27, 2003, judgment of the trial court. No motion with the trial court has been filed extending the time to perfect appeal, thus the notice of appeal should have been filed within thirty days after the judgment. Tex.R.App.P. 26.1. Since the appeal was not perfected within the allowed time, we are without jurisdiction to hear this appeal.
Mr. Koumjian's notice of appeal refers to a trial court judgment "on or about April 9, 2003." Although appellants are entitled to additional time to perfect an appeal if they receive neither notice of the trial court's judgment nor have actual knowledge that the judgment was rendered, there is a particular procedure required by the Rules of Appellate Procedure to gain that additional time. Tex.R.App.P. 4.2. Koumjian has not invoked this provision, so he is not entitled to its benefit. The time for initiating this procedure has expired. Accordingly, this appeal is dismissed for want of jurisdiction.