Opinion
NO. 03-18-00159-CV
04-10-2018
Trent Alvon Smith, Appellant v. Gary Wright, Virginia Schafer, Jennifer Hamilton, Pam Pace, and Texas Department of Criminal Justice Health Services Division, Appellees
FROM THE 261ST DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-17-001759 , THE HONORABLE LORA J. LIVINGSTON, JUDGE PRESIDING MEMORANDUM OPINION
On March 8, 2018, appellant Trent Alvon Smith filed a notice of appeal. Smith appeals from a final judgment signed by the trial court on September 21, 2017. Smith timely filed a request for findings of fact and conclusions of law on October 10, 2017. See Tex. R. Civ. P. 296. Smith's request for findings of fact and conclusions of law extended his deadline for filing a notice of appeal until 90 days after the judgment was signed, making the deadline December 20, 2017. See Tex. R. App. P. 26.1(a)(4). That deadline might have been extended until January 4, 2018, if Smith had filed either a notice of appeal with the trial court or a motion for extension of time with this Court within 15 days after the deadline for filing the notice of appeal. See Tex. R. App. P. 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617-18 (Tex. 1997) ("[O]nce the period for granting a motion for extension of time under Rule 41(a)(2) [now Rule 26.3] has passed, a party can no longer invoke the appellate court's jurisdiction."). Smith's March 8, 2018 notice of appeal is untimely, and we therefore lack jurisdiction over this appeal. See Tex. R. App. P. 25.1(b) (providing that filing notice of appeal invokes appellate court's jurisdiction), id. R. 2 (establishing that appellate court may not alter time for perfecting appeal in civil case).
Upon review of the trial-court clerk's record, the Clerk of this Court sent Smith a letter informing him that the Court appears to lack jurisdiction over the appeal for the reasons stated above and requesting a response informing us of any basis that exists for jurisdiction. To date, no response has been filed. Accordingly, we dismiss the appeal for want of jurisdiction. See id. R. 42.3(a).
/s/_________
Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Goodwin and Field Dismissed for Want of Jurisdiction Filed: April 10, 2018