Opinion
NO. 01-10-01070-CV
07-12-2012
SCOTT BROWNING, Appellant v. TANE BACINO, Appellee
On Appeal from the 310th District Court
Harris County, Texas
Trial Court Case No. 2009-62141
MEMORANDUM OPINION
This is an appeal of the trial court's August 19, 2010 order in a suit to enforce a prior divorce decree.See TEX. FAM. CODE ANN. § 9.001 (West 2006). Appellee Tane Bacino sued appellant Scott Browning for $7,500.00 in unpaid attorney's fees and for $4,010.50 in an unpaid tax refund. The trial court awarded both amounts to Bacino, as well as $4,000 in additional attorney's fees. Browning did not file a postjudgment motion challenging the trial court's August 19, 2010 order, although he did file in September 7, 2010 a new petition for enforcement of the divorce decree.
The August 19, 2010 order is not included in the clerk's record.
Browning's notice of appeal claims that a motion for new trial was filed. Nothing in the record supports this claim.
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On November 30, 2010, Browning filed his notice of appeal of the August 19, 2010 order. Browning's notice of appeal was due within 30 days after the order was signed, i.e., September 20, 2010. TEX. R. APP. P. 4.1(a), 26.1; see TEX. FAM. CODE ANN. § 9.001(c) (West 2006); DeGroot v. DeGroot, 260 S.W.3d 658, 664 (Tex. App.—Dallas 2008, no pet.) (holding order rendered in suit to enforce is final judgment). Browning did not file a motion to extend time to file the notice of appeal. See TEX. R. APP. P. 26.3.
On May 9, 2012, the Clerk of this Court notified Browning that we would dismiss this appeal for want of jurisdiction unless he filed a meritorious response no later than May 24, 2012. Browning did not respond.
Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
Per Curiam
Panel consists of Justices Higley, Sharp, and Huddle.