Opinion
No. 04-06-00188-CV
Delivered and Filed: June 7, 2006.
Appeal from the 166th Judicial District Court, Bexar County, Texas, Trial Court No. 1998-EM5-01294, Honorable Jim A. Rausch, Judge Presiding.
Dismissed for Lack of Jurisdiction.
Sitting: Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
On March 27, 2006, appellant, Leonard Johnson, filed a pro se Motion for Leave to File Late Notice of Appeal. Appellant does not indicate the nature of or the date of the order he appeals. The trial court's docket indicates an order for issuance of capias was signed on January 18, 2006. Assuming this is the order from which appellant appeals, his notice of appeal was due on February 17, 2006 and his motion for extension of time was due on March 6, 2006. In his motion, appellant provides three reasons for why good cause exists for filing late notice of appeal: (1) "no notice of appeal given," (2) Family Code 157.105 Section C," and (3) more than 40 days have past [sic]." None of these reasons constitute good cause. Nevertheless, because appellant timely filed his motion for an extension, on April 18, 2006, this court granted appellant's motion for an extension of time and ordered appellant to file his notice of appeal no later than May 3, 2006. Our order informed appellant that if his notice of appeal was not filed by May 3, 2006, this appeal would be subject to dismissal. The notice of appeal has not been filed. Therefore, this appeal is dismissed for lack of jurisdiction. See Tex.R.App.P. 42.3(a).