Opinion
No. 05-10-00851-CV
Opinion Filed September 29, 2010.
On Appeal from the 416th Judicial District Court, Collin County, Texas, Trial Court Cause No. 416-54394-07.
Before Justices O'NEILL, RICHTER, and LANG-MIERS.
MEMORANDUM OPINION
On July 9, 2010, appellant filed a notice of appeal from the trial court's December 1, 2009 order establishing parentage. Because the notice of appeal on its face appeared untimely, we directed the parties to file letter briefs addressing our jurisdiction over the appeal. Neither party responded. We conclude we lack jurisdiction over the appeal.
Absent a timely motion for new trial, appellant's notice of appeal was due within thirty days of the December 1, 2009 order, or by December 31, 2009. See Tex. R. App. P. 26.1. Even if appellant had timely filed a motion for new trial, his notice of appeal was due by March 1, 2010. See Tex. R. App. P. 26.1(a)(1). Appellant did not file his notice of appeal until July 9, 2010, four months after the date it was due if a motion for new trial was timely filed. Absent a timely notice of appeal, we have no jurisdiction over the appeal. See Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997).
Appellant's notice of appeal does not state it is a notice of restricted appeal. See Tex. R. App. P. 30. Even if it had, we would still lack jurisdiction over the appeal. A notice of restricted appeal is due within six months of the date the appealable order is signed. See Tex. R. App. P. 26.1(c). In this case, the six-month period expired on June 1, 2010.
We dismiss the appeal for want of jurisdiction.