Opinion
No. 05-10-01318-CV
Opinion Filed June 2, 2011.
On Appeal from the 254th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 05-03847-R.
Before Justices MORRIS, MOSELEY, and FITZGERALD.
MEMORANDUM OPINION
On April 13, 2011, the Court sent appellant a letter requesting that he file, within ten days, a jurisdictional brief regarding the timeliness of his notice of appeal. As of today's date, appellant has not filed a jurisdictional brief.
A party must file a timely notice of appeal to invoke this Court's jurisdiction. See Tex. R. App. P. 25.1(b). If a party does not file a motion for new trial or motion to modify the judgment, a notice of appeal is due thirty days from the date of judgment. Tex. R. App. P. 26.1.
Appellant is appealing an agreed order for child support signed by the associate judge on February 5, 2007. The appellate timetable began running on that date. See Tex. Fam. Code Ann. § 201.016(c) (West 2008). The notice of appeal was due on March 7, 2007, thirty days from the date of the order. See Tex. R. App. P. 26.1. Appellant filed his notice of appeal on October 7, 2010, more than three years past the due date. Appellant failed to timely file a notice of appeal. Without a timely filed notice of appeal, this Court lacks jurisdiction. See Tex. R. App. P. 25.1. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).