Opinion
No. 05-09-00886-CV
Opinion issued September 9, 2009.
On Appeal from the 255th Judicial District Court,Dallas County, Texas, Trial Court Cause No. DF-09-05598-S.
Before Justices MORRIS, BRIDGES, and MURPHY.
MEMORANDUM OPINION
The trial court's judgment was signed on May27, 2009, and nothing in the record shows that a timely motion for new trial was filed. Therefore, appellant's notice of appeal was due by June 26, 2009. See Tex. R. App. P. 26.1. Appellant filed her notice of appeal on July 29, 2009, and nothing in the notice of appeal reflects that it was a notice of restricted appeal. See Tex. R. App. P. 26.1(c). Because the notice of appeal appeared to be untimely as to the May 27, 2009 judgment, we directed the parties to file letter briefs addressing our jurisdiction over the appeal. Appellant did not respond by the date specified in our letter. We conclude we lack jurisdiction over the appeal.
Absent a timely notice of appeal, we have no jurisdiction over the appeal. See generally Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997). On its face the July 29, 2009 notice of appeal is untimely as to May 27, 2009 judgment, and appellant has presented nothing to show the notice of appeal was timely.
Accordingly, we dismiss the appeal for want of jurisdiction.