Opinion
No. 05-03-00760-CV
Opinion Filed August 19, 2003
On Appeal from the 95th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 01-02090-D
DISMISSED
Before Justices JAMES, FRANCIS and LANG
MEMORANDUM OPINION
By the Court's letter of May 30, 2003, appellant was instructed to amend his May 29, 2003 notice of appeal to comply with the rules of appellate procedure and was informed that failure to do so would result in the dismissal of his appeal. Thereafter appellant filed an amended notice of appeal, which failed to state the date of the judgment on appeal. However, a copy of the trial court's "Final Order of Dismissal" has been filed with this Court, which shows that the final order was signed by the trial court on August 30, 2001. Accordingly, by the Court's letter dated July 16, 2003, appellant was instructed to amend his notice of appeal to state the date of the judgment on appeal and to file a letter brief explaining the Court's jurisdiction to consider an appeal wherein the notice of appeal was filed 21 months after the judgment was signed. Appellant was informed that failure to respond would result in the dismissal of this appeal.
Appellant has failed to file a letter brief addressing the Court's jurisdiction over this untimely appeal. Instead, on July 22, 2003, the Court received a copy of "Relator's Motion for Emergency Stay" styled "IN RE: Johnny Spencer, Relator, In the Supreme Court of Texas." Such motion bears no file mark from the Texas Supreme Court. We have received no notice from the supreme court that any such motion has been filed and the Clerk of this Court has telephonically confirmed that no such motion has been filed with the supreme court as of August 8, 2003. Appellant has provided no response to the Court's inquiry regarding its jurisdiction over this untimely appeal.
Under appellate rule 26.1, a notice of appeal must be filed within 30 days of the signing of the judgment on appeal. In certain exceptions, a notice of appeal may be filed 90 days or six months after the signing of the judgment. However, there is no exception that would allow a notice of appeal to be filed 21 months after the date the judgment was signed. Accordingly, on the Court's own motion, this appeal is DISMISSED for want of jurisdiction. See Tex.R.App.P. 26.1; 42.3(a)