Opinion
No. 10-04-00294-CV
Opinion delivered and filed November 9, 2005.
Appeal from the 66th District Court, Hill County, Texas, Trial Court No. 41549.
Appeal dismissed.
Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA (Justice VANCE concurs without a separate opinion)
MEMORANDUM OPINION
McGinnis brings this attempted restricted appeal of a protective order. See TEX. R. APP. P. 26.1(c), 30; TEX. FAM. CODE ANN. §§ 71.001-85.065 (Vernon 2002 Supp. 2005). We dismiss.
"A party who did not participate — either in person or through counsel — in the hearing that resulted in the judgment complained of and who did not timely file a post-judgment motion or request for findings of fact and conclusions of law," or an otherwise timely notice of appeal, may file a notice of appeal within six months after the judgment is signed. Tex.R.App.P. 30; see id. 26.1; Alexander v. Lynda's Boutique, 134 S.W.3d 845, 848 (Tex. 2004); accord Gold v. Gold, 145 S.W.3d 212, 213 (Tex. 2004) (per curiam). An attempted restricted appeal by a party that timely filed a post-judgment motion should be dismissed for want of jurisdiction. See S.P. Dorman Exploration Co. v. Mitchell Energy Co., 71 S.W.3d 469, 470 (Tex.App.-Waco 2002, no pet.) (mem. op.) (per curiam).
Nine days after the trial court signed the protective order, McGinnis filed a post-judgment Motion to Review and Transfer Protective Order. Accordingly, we dismiss McGinnis's attempted appeal.