Opinion
No. 05-05-00775-CV
Opinion Filed July 19, 2005.
On Appeal from the County Court at Law No. 5 Dallas County, Texas, Trial Court Cause No. cc-01-09126-e.
Dismiss.
Before Justices WHITTINGTON, MOSELEY, and LANG-MIERS.
MEMORANDUM OPINION
The Court has before it appellant's June 6, 2005 motion to extend time to file notice of appeal. A review of this case shows the final judgment was entered January 25, 2005. Appellant contends it filed a timely motion for new trial on February 24, 2005. Assuming this to be true, appellant's notice of appeal was due April 25, 2005. See Tex.R.App.P. 26.1(a)(1) (if motion for new trial is timely filed, a notice of appeal must be filed within ninety days after judgment is filed). Appellant's notice of appeal, however, was filed June 6, 2005. Although a court of appeals may extend time to file the notice of appeal if a motion to extend is filed within fifteen days after the deadline for filing the notice of appeal, appellant's motion to extend time was filed June 6, 2005, outside the time permitted by the appellate rules. Because appellant's notice of appeal was untimely, we conclude we lack jurisdiction over this appeal.
We DENY appellant's motion. We DISMISS this appeal for want of jurisdiction.