Opinion
NO. 09-13-00227-CV
09-05-2013
PATRICIA ANN POWERS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 284th District Court
Montgomery County, Texas
Trial Cause No. 12-05-05314 CV
MEMORANDUM OPINION
On February 27, 2013, the trial court signed an order denying a petition for expunction filed by Patricia Ann Powers. A notice of appeal that Powers mailed on May 10, 2013, was received by the trial court clerk on May 13, 2013. We questioned our jurisdiction and the parties filed responses. In her response to this Court's first inquiry, Powers stated that she was "notified on April 5, 2013." We notified Powers a motion requesting a hearing for an order extending the time to perfect appeal due to late notice of judgment must be directed to the trial court, but she has not shown that she followed procedure for obtaining an order finding the notice date. See Tex. R. Civ. P. 306a (4), (5); Tex. R. App. P. 4.2 (b). Although we also provided an opportunity to file an amended notice of appeal, Powers has not sought a restricted appeal. See Tex. R. App. P. 25.2 (d) (7).
Notice of appeal was due on April 1, 2013. See Tex. R. App. P. 26.1. The appellant has not shown that she perfected appeal within the time for which we may grant an extension of time to perfect appeal. See Tex. R. App. P. 26.3. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3 (a).
APPEAL DISMISSED.
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STEVE McKEITHEN
Chief Justice
Before McKeithen, C.J., Gaultney and Horton, JJ.