Opinion
No. 06-08-00011-CV
Date Submitted: January 29, 2008.
Date Decided: January 30, 2008.
On Appeal from the 102nd Judicial District Court, Bowie County, Texas, Trial Court No. 04C0902-102.
Before MORRISS, C.J., CARTER and MOSELEY, JJ.
MEMORANDUM OPINION
Appellant, Gregory Lewis, filed a notice of appeal December 13, 2007, from the trial court's December 5, 2007, denial of his motion to rescind an order of forfeiture, requesting the trial court rescind its April 5, 2007, order.
The trial court's denial of Lewis' motion to rescind does not constitute a final, appealable order. Unless otherwise statutorily authorized, an appeal may be made only from a final judgment. See TEX. CIV. PRAC. REM. CODE ANN. § 51.012 (Vernon 1997), § 51.014 (Vernon Supp. 2007).
If we treat Lewis' appeal as a normal appeal of the April 5, 2007, order, it is too late. See TEX. R. APP. P. 26.1. Even if the Court treats this matter as an attempted restricted appeal of the April 5, 2007, judgment, the notice of appeal is untimely. A notice of restricted appeal must be filed within six months after the judgment is signed. TEX. R. APP. P. 26.1(c). Lewis filed his notice of appeal on December 13, 2007, well outside the allowed six-month period. Further, we note that the procedure available to extend certain deadlines when a party proves late notice of judgment is not available to extend the time to perfect a restricted appeal. TEX. R. CIV. P. 306a; TEX. R. APP. P. 4.2(a)(2).
The deadline to file a notice of appeal is thirty days after the judgment is signed, unless an exception applies. No exception appears here.
Accordingly, we dismiss this appeal for want of jurisdiction.