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Stilley v. State

Court of Appeals of Texas, Second District, Fort Worth
May 6, 2004
No. 02-04-011-CV (Tex. App. May. 6, 2004)

Opinion

No. 02-04-011-CV.

Delivered: May 6, 2004.

Appeal from the 43rd District Court of Parker County.

John D. Nation, Dallas, TX, for appellant.

Don Schnebly, District Attorney, Weatherford, TX, for appellee.

Panel D: WALKER, J.; CAYCE, C.J.; and McCOY, J.


MEMORANDUM OPINION

See Tex.R.App.P. 47.4.


Appellant Charles Dean Stilley is attempting to appeal the trial court's October 15, 2003 "Agreed Final Judgment of Forfeiture." His motion for new trial was due November 14, 2003, but was not filed until November 17, 2003. Stilley filed a notice of appeal on January 13, 2004. Because the motion for new trial was not timely filed, the notice of appeal was due November 14, 2003, and was not timely filed. See Tex.R.App.P. 26.1.

On March 18, 2004, we notified Appellant that his notice of appeal was untimely and that we would dismiss this case for want of jurisdiction unless Appellant or any party desiring to continue the appeal filed with the court on or before March 29, 2004, a response showing grounds for continuing the appeal. See Tex.R.App.P. 42.3. Appellant requested an extension of the deadline for responding to our jurisdictional letter, which we granted and gave him until April 12, 2004, to respond. Appellant still did not file a response.

The timely filing of a notice of appeal is jurisdictional in this court, and absent a timely filed notice or extension request, we must dismiss the appeal. See Tex.R.App.P. 25.1(b), 26.3, 42.3(a); Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Accordingly, we dismiss this appeal for want of jurisdiction.


Summaries of

Stilley v. State

Court of Appeals of Texas, Second District, Fort Worth
May 6, 2004
No. 02-04-011-CV (Tex. App. May. 6, 2004)
Case details for

Stilley v. State

Case Details

Full title:CHARLES DEAN STILLEY, Appellant v. THE STATE OF TEXAS, State

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: May 6, 2004

Citations

No. 02-04-011-CV (Tex. App. May. 6, 2004)