Opinion
No. 10-03-360-CV
Opinion delivered and filed December 31, 2003.
Appeal from the 378th District Court, Ellis County, Texas, Trial Court # 63988D.
Appeal dismissed.
David K. Abbott, Attorney for Appellant.
Constance McGuire, Attorney for Appellee.
Before Chief Justice GRAY, Justice VANCE, and Judge STROTHER (Sitting by Assignment).
Ralph T. Strother, Judge of the 19th District Court of McLennan County, sitting by assignment of the Chief Justice of the Texas Supreme Court pursuant to section 74.003(h) of the Government Code. See TEX. GOV'T CODE ANN. § 74.003(h) (Vernon Supp. 2004).
MEMORANDUM OPINION
The trial court signed the divorce decree in the above cause on June 11, 2003. Appellant timely filed a motion for new trial on July 9. Therefore, the notice of appeal was due on September 9. See TEX. R. APP. P. 25.2(a)(1). However, Appellant did not file the notice of appeal until October 7.
The Clerk of this Court sent the following notice to Appellant by letter dated November 7:
Pursuant to Rules 42.3 and 44.3 of the Texas Rules of Appellate Procedure, you are notified that this cause is subject to dismissal for want of jurisdiction because it appears the notice of appeal is untimely.
Therefore, the Court may dismiss this appeal unless, within ten days of the date of this letter, a response is filed showing grounds for continuing the appeal.
No response has been filed. Accordingly, the appeal is dismissed for want of jurisdiction. Costs are taxed against Appellant. Id. 43.4.