Opinion
No. 05-09-00115-CV
Opinion issued March 30, 2009.
On Appeal from the 301st Judicial District Court, Dallas County, Texas, Trial Court Cause No. DF-07-22372.
Before Justices MORRIS, WRIGHT, and MOSELEY.
MEMORANDUM OPINION
On October 23, 2008, the trial court signed the judgment in this divorce proceeding. No timely motion for new trial was filed; therefore, appellant's notice of appeal was due by Monday, November 24, 2008. See Tex. R. App. P. 4.1(a), 26.1. Appellant's notice of appeal was filed February 3, 2009. In response to our request for briefs addressing our jurisdiction over the appeal, appellant and appellee filed a "motion for dismissal of original petition, in which they seek to have the original divorce proceeding dismissed." Because appellant's notice of appeal was untimely, this Court has no jurisdiction to take any action except to dismiss the appeal. Accordingly, we dismiss the appeal for want of jurisdiction.
Appellant filed an untimely motion for new trial on January 14, 2009. See Tex. R. Civ. P. 329b(a).
Two notices of appeal were filed. The first notice, filed February 3, 2009, is captioned Yuye Li v. Shizhong Mao. The second notice of appeal is captioned Yuye Li and Shizhong Mao v. Brian M. South, Mohamod Said, Farah Ahmed, and Lynn Cherry. It appears from the documents that Brian M. South, Mohamod Said, and Farah Ahmed were the parties' attorneys and Lynn Cherry was the judge who presided over the case. As none of the individuals listed as appellees on the second notice of appeal are parties to the trial court's judgments, we will disregard that notice of appeal.