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