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In re L.M.H.

Court of Appeals Fifth District of Texas at Dallas
Mar 13, 2012
No. 05-11-00972-CV (Tex. App. Mar. 13, 2012)

Opinion

No. 05-11-00972-CV

03-13-2012

IN THE INTEREST OF L.M.H. AND L.R.H., CHILDREN


DISMISS; Opinion filed March 13, 2012

On Appeal from the 302nd Judicial District Court

Dallas County, Texas

Trial Court Cause No. DF-09-20792

MEMORANDUM OPINION

Before Chief Justice Wright and Justices Francis and Lang-Miers

Opinion By Chief Justice Wright

By letter dated January 24, 2012, this Court questioned our jurisdiction over the appeal. Specifically, we questioned the timeliness of appellant's notice of appeal. We requested appellant to file, by February 3, 2012, a jurisdictional brief addressing our concern. As of today's date, appellant has not filed a response.

Where a timely motion for new trial is filed, a notice of appeal is due ninety days after the date the judgment is signed. See Tex. R. App. P. 26.1(a). Without a timely filed notice of appeal, this Court lacks jurisdiction. See Tex. R. App. P. 25.1.

The trial court signed the divorce decree on February 17, 2011. Appellant timely filed a motion for new trial on March 17, 2011. Accordingly, his notice of appeal was due on May 18, 2011. Appellant filed his notice of appeal on June 23, 2011. The notice of appeal was not timely filed and, consequently, this Court lacks jurisdiction over the appeal.

Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

CAROLYN WRIGHT

CHIEF JUSTICE

110972F.P05

Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE INTEREST OF L.M.H. AND L.R.H., CHILDREN

No. 05-11-00972-CV Appeal from the 302nd Judicial District Court of Dallas County, Texas. (Tr.Ct.No. DF-09- 20792).

Opinion delivered by Chief Justice Wright, Justices Francis and Lang-Miers, participating.

Based on the Court's opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee, Marta Herrera, recover her costs of the appeal from appellant, Raul Herrera.

Judgment entered March 13, 2012.

CAROLYN WRIGHT

CHIEF JUSTICE


Summaries of

In re L.M.H.

Court of Appeals Fifth District of Texas at Dallas
Mar 13, 2012
No. 05-11-00972-CV (Tex. App. Mar. 13, 2012)
Case details for

In re L.M.H.

Case Details

Full title:IN THE INTEREST OF L.M.H. AND L.R.H., CHILDREN

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Mar 13, 2012

Citations

No. 05-11-00972-CV (Tex. App. Mar. 13, 2012)