Opinion
No. 05-15-01492-CV
02-19-2016
VICTOR A. PITTS, Appellant v. CYNTHIA PITTS, Appellee
On Appeal from the 254th Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-12-14211
MEMORANDUM OPINION
Before Justices Bridges, Lang-Miers, and Schenck
Opinion by Justice Bridges
In a letter dated December 17, 2015, the Court questioned its jurisdiction over this appeal. Specifically, it appears the notice of appeal is untimely. We instructed appellant to file a letter brief addressing our jurisdictional concern and gave appellee an opportunity to respond.
When a timely post-judgment motion extending the appellate timetable is filed, a notice of appeal is due ninety days after the date the judgment is signed. See TEX. R. APP. P. 26.1(a). Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).
The trial court signed the divorce decree on August 14, 2014. Appellant filed a timely request for findings of fact and conclusions of law on August 28, 2014. Accordingly, the notice of appeal was due on November 12, 2014, ninety days after the date the judgment was signed. See TEX. R. APP. P. 26.1(a). Appellant filed a notice of appeal on December 7, 2015, more than one year past the deadline.
In his response filed with this court, appellant states we have "the authority and jurisdiction to correct the time limit for appeal." Appellant is incorrect. An appellate court cannot alter the time for perfecting an appeal in a civil case. See TEX. R. APP. P. 2.
Because appellant failed to timely file a notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b). Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE 151492F.P05
JUDGMENT
On Appeal from the 254th Judicial District Court, Dallas County, Texas.
Trial Court Cause No. DF-12-14211.
Opinion delivered by Justice Bridges. Justices Lang-Miers and Schenck participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee CYNTHIA PITTS recover her costs of this appeal from appellant VICTOR A. PITTS. Judgment entered February 19, 2016.