Opinion
No. 09-11-00124-CV
Opinion Delivered April 28, 2011.
On Appeal from the 317th District Court, Jefferson County, Texas, Trial Cause No. C-165,538-B.
Before McKEITHEN, C.J., KREGER and HORTON, JJ.
MEMORANDUM OPINION
On March 31, 2011, we notified the parties that the notice of appeal did not appear to have been timely filed. In response, we received an unsigned motion for extension of time for filing notice of appeal. The trial court signed the judgment on January 12, 2011 and the appellate timetables were not extended by the timely filing of post-judgment motions. Notice of appeal from the judgment for child support arrearage was due to be filed on February 11, 2011. See Tex. R. App. P. 26.1. Appellant filed notice of appeal on March 15, 2011, more than thirty days from the date of judgment and outside the time for which we may grant an extension of time to perfect appeal. See Tex. R. App. P. 26.3. This Court lacks jurisdiction over this appeal.
Accordingly, we dismiss the appeal for lack of jurisdiction.
The trial court also revoked a community supervision order and committed Appellant to the county jail for 180 days. A jail sentence for contempt in a civil case must be challenged by petition for writ of habeas corpus. See Deramus v. Thornton, 333 S.W.2d 824, 827 (Tex. 1960). The rule of appellate procedure that imposes time limits for filing notice of appeal does not apply to original petitions for mandamus or habeas relief. Compare Tex. R. App. P. 26 with Tex. R. App. P. 52.
APPEAL DISMISSED.