Opinion
No. 05-09-00394-CV
Opinion issued September 11, 2009.
On Appeal from the 254th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 08-17755.
Before Chief Justice THOMAS and Justices O'NEILL and MURPHY.
MEMORANDUM OPINION
The trial court's final decree of divorce was signed in this case on February 16, 2009. No motion for new trial was filed; therefore, appellant's notice of appeal was due by March 18, 2009. See Tex. R. App. P. 26.1. Appellant's notice of appeal is file-stamped March 25, 2009. The documents in the record reflect the notice of appeal may have been executed on March19, 2009 and the envelope in which it was mailed from the Dallas County Jail is post-marked March 23, 2009.
Because the notice of appeal was received within the fifteen-day period provided by rule 26.3, on July 17, 2009, this Court sent appellant a letter directing him to file a motion to extend time to file the notice of appeal. See Tex. R. App. P. 26.3(b); Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997). The extension motion was due within seven days of the date-July 24, 2009. We further warned appellant that failure to file an extension motion within the time provided would result in dismissal of the appeal for want of jurisdiction. To date, appellant has not filed a motion to extend time to file the notice of appeal, nor has he otherwise communicated with the Court regarding his appeal.
Accordingly, we dismiss the appeal for want of jurisdiction. See generally Tex. R. App. P. 26.1, 42.3(a).