Bourne v. State

Full title: MICHAEL BLAKE BOURNE, APPELLANT v. THE STATE OF TEXAS, STATE

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Jul 2, 2009

No. 02-09-138-CR (Tex. App. Jul. 2, 2009)

Opinion

No. 02-09-138-CV

Delivered: July 2, 2009.

Appealed from County Court at Law No. 2 of Tarrant County.

PANEL: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.

MEMORANDUM OPINION ¹

1 See Tex. R. App. P. 47.4.

PER CURIAM.

On May 7, 2009, appellant AEP Engineering Consulting, Inc. d/b/a Texas Conveyors International filed a notice of appeal from the trial court's judgment, which was signed on December 19, 2008. On May 18, 2009, we sent a letter to appellant stating our concern that we are without jurisdiction because appellant's motion for new trial was due on January 19, 2009, but was not filed until March 9, 2009; therefore, it appeared the notice of appeal was not timely filed.² We informed appellant that unless it or any party filed a response showing grounds for continuing the appeal on or before May 28, 2009, the appeal could be dismissed for want of jurisdiction. Appellant has faxed us a copy of what appears to be the parties' Rule 11 agreement to discontinue the appeal.³

2 See Tex. R. App. P. 26.1(a).

3 See Tex. R. Civ. P. 11.

However, because appellant's notice of appeal is untimely, we have no jurisdiction to consider this appeal. Accordingly, we dismiss this appeal for want of jurisdiction.⁴

4 See Tex. R. App. P. 42.3(a).