Opinion
No. 02-05-042-CV
Delivered: March 31, 2005.
Appeal from the 17th District Court of Tarrant County.
PANEL D: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.
MEMORANDUM OPINION
See Tex.R.App.P. 47.4.
Jose L. Cardenas, individually and d/b/a Oil Services and Construction Company, appeals the trial court's dismissal of the underlying lawsuit for want of prosecution on July 9, 2004. Appellant did not file his motion to reinstate until August 11, 2004, more than thirty days after the dismissal order was signed. See Tex. R. Civ. P. 165a(3). Therefore, the motion to reinstate was untimely and did not extend the deadline for filing appellant's notice of appeal past thirty days after the dismissal order was signed. See id.; Tex.R.App.P. 26.1.
Appellant's notice of appeal is also untimely because he did not file it until October 25, 2004, 108 days after the dismissal order was signed. See Tex.R.App.P. 26.1. Accordingly, we lack jurisdiction over appellant's appeal. See Tex.R.App.P. 25.1.
On February 3, 2005, we notified appellant by letter that his appeal was subject to dismissal for want of jurisdiction unless he or any party desiring to continue the appeal filed with the court a response showing that his motion to reinstate was timely or offering a reasonable explanation for the late filing of the notice of appeal. Appellant has not responded to our February 3 letter. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex.R.App.P. 42.3(a), 43.2(f).