Opinion
05-22-01243-CV
01-18-2023
IN THE INTEREST OF A.A.M, AND A.A.M., CHILDREN
On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-50617-2020
Before Justices Molberg, Reichek, and Breedlove
MEMORANDUM OPINION
MARICELA BREEDLOVE JUSTICE
We questioned our jurisdiction over this appeal from the trial court's August 5, 2022 final decree of divorce and October 18, 2022 "Memorandum and Order on Petitioner's Motion to Reconsider" as it appeared to have been untimely filed. See Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 545 (Tex. App.-Dallas 2009, no pet.) (op. on reh'g) (timely filing of notice of appeal is jurisdictional). Under Texas Rules of Appellate Procedure 26.1(a) and 26.3, the notice of appeal was due no later than November 3, 2022, or, with an extension motion, November 18, 2022. See Tex. R. App. P. 26.1(a) (providing ninety-day deadline for filing notice of appeal when motion for new trial or to reconsider is filed), 26.3 (providing for fifteen-day extension of time to file notice of appeal). The notice of appeal was filed November 17, 2022, within the extension period, but without an extension motion. See id. 26.3.
In accordance with Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997), we gave appellant an opportunity to file an extension motion. Although we cautioned appellant that failure to comply within ten days could result in dismissal of the appeal without further notice, more than ten days have passed and appellant has not complied. Accordingly, on the record before us, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a); Brashear, 302 S.W.3d at 545.
JUDGMENT
In accordance with this Court's opinion of this date, we DISMISS the appeal.
We ORDER that appellee Arunabha Mukherjee recover his costs, if any, of this appeal from appellant Antara Mukherjee.
Judgment entered January 18, 2023.