Opinion
No. 11-18-00115-CV
06-07-2018
LUCKY WHITE, JR., Appellant v. DISCOVER BANK, Appellee
On Appeal from the County Court at Law No. 2 Midland County, Texas
Trial Court Cause No. CC18039
MEMORANDUM OPINION
Appellant, Lucky White, Jr., filed an untimely pro se notice of appeal from a judgment entered against him and in favor of Discover Bank in the amount of $4,671.65. Upon docketing this appeal, the clerk of this court wrote the parties and informed them that the notice of appeal appeared to have been untimely filed. We requested that Appellant respond on or before May 10, 2018, and show grounds to continue the appeal. See TEX. R. APP. P. 42.3. Appellant has not filed a response.
The documents filed in this court reflect that the trial court signed the final summary judgment on January 2, 2018, and that the notice of appeal was filed on April 19, 2018, which was 107 days after the date that the trial court signed the judgment. The notice of appeal was due to be filed thirty days after the judgment was signed. See TEX. R. APP. P. 26.1. Absent a timely notice of appeal, this court is without jurisdiction to consider this appeal. See Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 564 (Tex. 2005); Garza v. Hibernia Nat'l Bank, 227 S.W.3d 233 (Tex. App.—Houston [1st Dist.] 2007, no pet.); see also Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).
Accordingly, we dismiss this appeal for want of jurisdiction.
PER CURIAM June 7, 2018 Panel consists of: Willson, J.,
Bailey, J., and Wright, S.C.J.
Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.