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Dominguez v. Dominguez

Court of Appeals of Texas, Third District, Austin
Mar 24, 2005
No. 03-05-00120-CV (Tex. App. Mar. 24, 2005)

Opinion

No. 03-05-00120-CV

Filed: March 24, 2005.

Appeal from the District Court of Bell County, 169th Judicial District, No. 199,317-C, Honorable Michael J. Nelson, Judge Presiding.

Dismissed for Want of Jurisdiction.

Before Justices B.A. SMITH, PURYEAR and PEMBERTON.


MEMORANDUM OPINION


The judgment in this case was signed August 19, 2004. On October 28, 2004, appellant Roy Dominguez filed with the trial court a notice of appeal, a motion to amend the judgment, and a motion for nunc pro tunc judgment and order. The trial court did not rule on Dominguez's motions. Because Dominguez's motion to amend judgment was untimely, his notice of appeal was due on September 19, 2004. Dominguez did not file a motion for an extension of time to file notice of appeal. A late-filed notice of appeal does not confer jurisdiction on this Court. Accordingly, we dismiss the appeal for want of jurisdiction.

Because Dominguez filed the notice of appeal more than fifteen days late, the instrument itself cannot serve as an implied motion for extension of time. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).


Summaries of

Dominguez v. Dominguez

Court of Appeals of Texas, Third District, Austin
Mar 24, 2005
No. 03-05-00120-CV (Tex. App. Mar. 24, 2005)
Case details for

Dominguez v. Dominguez

Case Details

Full title:ROY DOMINGUEZ, Appellant v. JO ANNE DOMINGUEZ, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Mar 24, 2005

Citations

No. 03-05-00120-CV (Tex. App. Mar. 24, 2005)