Opinion
No. 11-03-00138-CV.
June 5, 2003.
Appeal from Dallas County.
Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCALL, J.
Memorandum Opinion
The trial court signed the summary judgment on March 5, 2003. A motion for new trial was not filed. Appellant filed her notice of appeal on April 8, 2003, 34 days after the judgment was signed. A motion for extension of time in which to perfect an appeal has not been filed. On May 12, 2003, appellee filed a motion to dismiss for want of jurisdiction. Although this court requested a response, appellant has not responded to appellee's motion.
The notice of appeal is not timely under TEX.R.APP.P. 26.1. Not only was a motion for extension of time not filed within the prescribed 15-day time period pursuant to TEX.R.APP.P. 26.3, but also appellant has at no time provided a reasonable explanation for her failure to timely file her notice of appeal. Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997).
Appellee's motion to dismiss is granted, and the appeal is dismissed for want of jurisdiction. TEX.R.APP.P. 25.1, 26.1, and 42.3.