Opinion
No. 05-08-00648-CV
Opinion Filed September 18, 2008.
On Appeal from the 191st Judicial District Court, Dallas County, Texas, Trial Court Cause No. 04-10427.
Before Chief Justice THOMAS and Justices BRIDGES and FITZGERALD.
MEMORANDUM OPINION
Bryan Joseph Harvey appeals the trial court's judgment that was signed on May 1, 2006. No motion for new trial was filed; therefore, appellant's notice of appeal was due by May 31, 2006. See Tex. R. App. P. 26.1. Appellant's notice of appeal was filed on May 14, 2008, nearly two years late. In response to our letter questioning our jurisdiction over the appeal, appellant asserts the notice of appeal meets the requirements of a bill of review. This, however, is not the proper Court in which to file a bill of review. See generally Tex. R. Civ. P. 329b(f); Caldwell v. Barnes, 154 S.W.3d 93 (Tex. 2004). Appellant's untimely notice of appeal leaves us without jurisdiction over the appeal. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).