Opinion
No. 05-08-00447-CV.
Opinion Filed May 5, 2008.
On Appeal from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. 04-05000.
Before Chief Justice THOMAS and Justices Bridges and FITZGERALD.
MEMORANDUM OPINION
The Court has before it appellants' April 4, 2008 motion to extend time to file their appeal.
The final judgment was entered December 17, 2007. A motion for new trial extended the deadline for filing the notice of appeal to March 16, 2008. Tex. R. App. P. 26.1(a). Appellants filed their notice of appeal and motion to extend time to file their appeal on April 4, 2008.
Appellants' notice of appeal and motion to extend time to file their appeal were untimely. The Court may extend the time to file the notice of appeal if, within fifteen days after the deadline for filing the notice of appeal, a party files the notice of appeal in the trial court and files a motion to extend the time to file the appeal in the appellate court. Tex. R. App. P. 26.3. However, here the deadline for a motion to extend the time to file the appeal was March 31, 2008. We DENY appellants' motion to extend time to file their appeal.
The timely filing of a notice of appeal is jurisdictional. See Tex. R. App. P. 25.1(b). Appellant did not timely file their notice of appeal or their motion to extend time to file their notice of appeal. We conclude we do not have jurisdiction over this appeal. Accordingly, we DISMISS this appeal for want of jurisdiction.