Opinion
No. 05-05-00700-CV
Opinion Issued August 12, 2005.
On Appeal from the 101st Judicial District Court, Dallas County, Texas, Trial Court Cause No. 03-05712-E.
Before Chief Justice THOMAS and Justices LANG-MIERS and MAZZANT.
MEMORANDUM OPINION
After appellant filed his May 20, 2005 notice of appeal, we asked appellant to file a brief explaining how this Court had jurisdiction over this appeal. In his June 3, 2005 jurisdictional brief, appellant states he is appealing the trial court's December 4, 2003 order sustaining special exceptions and dismissing his second amended petition. In his brief, appellant also states he is filing this appeal within thirty days of the date of this Court's mandate. Rule 26.1 of the Texas Rules of Appellate Procedure provides that a "notice of appeal must be filed within 30 days after the judgment is signed." Tex.R.App.P. 26.1. In this case, the judgment was signed December 4, 2003. Appellant's notice of appeal was filed May 20, 2005. This is well over the thirty days contemplated by rule 26.1. Because the notice of appeal was filed outside the time for filing the same, we conclude we lack jurisdiction in this case. We DISMISS this appeal for want of jurisdiction. see Tex.R.App.P. 42.3.
Appellant previously appealed the same judgment in appeal number 05-04-00130-CV. That case was dismissed for want of jurisdiction in an opinion dated June 2, 2004. The supreme court denied appellant's petition for review of that appeal on November 12, 2004. This Court's mandate on cause number 05-04-00130-CV issued April 21, 2005.