Opinion
No. 10-06-00394-CR
Opinion delivered January 24, 2007. DO NOT PUBLISH.
Appeal From the 18th District Court, Johnson County, Texas, Trial Court No. B200100026.
Before Chief Justice GRAY, JUSTICE VANCE, and JUSTICE REYNA. Appeal dismissed.
MEMORANDUM OPINION
Mike McKenna presented a docketing statement with a motion to this Court for filing, indicating that a notice of appeal was filed with the trial court on August 11, 2006. Initially, we had returned these materials when previously submitted, including the docketing statement, because we were unable to locate a notice of appeal. However, upon being advised further through a letter that a notice of appeal was filed, this appeal has now been docketed. The district clerk has been unable to locate the notice of appeal McKenna asserts was filed on August 11, 2006. Even if a notice of appeal was filed on the date noted in the docketing statement, August 11, 2006, pursuant to Rules 42.3 and 44.3 of the Texas Rules of Appellate Procedure, the Clerk of the Court notified McKenna by letter that this appeal is subject to dismissal for want of jurisdiction because it appears the notice of appeal is untimely. The trial court's judgment was signed on May 18, 2006, and the notice of appeal was allegedly filed with the trial court clerk on August 11, 2006, 55 days late. McKenna also presented with his docketing statement a "Motion Tex. R. Civ. P. 306a for Filing Notice of Appeal." The Clerk also notified McKenna that the Court has nothing to indicate that the trial court signed a written order that finds the date when McKenna or his attorney first either received notice or acquired actual knowledge that the judgment or order was signed. TEX. R. APP. P. 4.2(c); see TEX. R. CIV. P. 306a(5). The Clerk then warned McKenna that the Court will dismiss this appeal unless, within 21 days of the date of this letter, (1) Appellant provides documentation of compliance with Texas Rule of Appellate Procedure 4.2(c), see TEX. R. APP. P. 42.3(a); (2) Appellant provides a copy of the notice of appeal which was filed on August 11, 2006; and (3) these records, when provided, confirm that our jurisdiction was timely invoked to decide the merits of the issues to be presented in this appeal. More than 21 days have passed, and McKenna has not responded to the Clerk's letter. This appeal is dismissed.