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Ridley v. State

Court of Appeals of Texas, Third District, Austin
Sep 18, 2008
No. 03-08-00360-CV (Tex. App. Sep. 18, 2008)

Opinion

No. 03-08-00360-CV

Filed: September 18, 2008.

Appealed from the District Court of Bell County, 146th Judicial District, NO. 214,156-B, Honorable Rick Morris, Judge Presiding.

Before Chief Justice LAW, Justices PURYEAR and PEMBERTON.


MEMORANDUM OPINION


On May 28, 2008, Gordon Ridley, acting pro se, filed a notice of appeal from a district court order of forfeiture entered on December 29, 2005. See Tex. Code Crim. Proc. Ann. arts. 59.01-.14 (West 2006 Supp. 2008). Ridley's 2008 notice of appeal from the 2005 order was untimely. See Tex. R. App. P. 26.1. This Court requested a written response demonstrating our jurisdiction over this appeal. Ridley's response did not demonstrate this Court's jurisdiction.

Ridley's notice of appeal is untimely, even if it were considered an attempted restricted appeal, because the notice of appeal was not filed within six months after the judgment was signed. See Tex. R. Civ. P. 26.1(c). Ridley's response argues that the 2005 order was entered without his knowledge. But the civil procedure rule that allows the extension of certain deadlines when a party proves late notice of judgment does not extend the time for perfecting a restricted appeal. Tex. R. App. P. 4.2(a)(2); Tex. R. Civ. P. 306a.

Accordingly, we dismiss the appeal for want of jurisdiction. Tex. R. App. P. 42.3(a); see Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).


Summaries of

Ridley v. State

Court of Appeals of Texas, Third District, Austin
Sep 18, 2008
No. 03-08-00360-CV (Tex. App. Sep. 18, 2008)
Case details for

Ridley v. State

Case Details

Full title:Gordon Ridley, Appellant v. The State of Texas, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Sep 18, 2008

Citations

No. 03-08-00360-CV (Tex. App. Sep. 18, 2008)