Opinion
No. 13-03-605-CV.
Opinion delivered and filed February 26, 2004.
On appeal from the 165th District Court of Harris County, Texas.
Before Justices HINOJOSA, YAÑEZ, and GARZA.
MEMORANDUM OPINION
This cause is before the Court on appellant's motion for extension of time to file notice of restricted appeal. Appellant relies on Tex.R.App.P. 26.3 as authority for permitting him to bring an appeal within six months of the judgment.
Appellant originally filed an appeal from a summary judgment taken against him in his lawsuit against Starbuck's Corp. d/b/a Starbuck's Coffee Company. On December 3, 2002, the Court of Appeals for the Sixth District of Texas dismissed his appeal for want of prosecution. The mandate was issued on February 10, 2003. Appellant is now attempting to appeal the opinion and judgment of the Sixth Court of Appeals.
The Court, having examined and fully considered the documents on file, is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellant's motion for extension of time to file notice of restricted appeal and the appeal are hereby DISMISSED FOR WANT OF JURISDICTION.