Opinion
No. 04-16-00120-CV
04-29-2016
THREE THOUSAND FIVE HUNDRED THIRTY-FIVE DOLLARS ($3,535.00) UNITED STATES CURRENCY, Appellant v. THE STATE OF TEXAS, Appellee
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CI-11848
Peter Sakai, Judge Presiding
ORDER
The trial court signed a final judgment on July 21, 2015. Appellant, an inmate, filed a timely motion to vacate judgment or, in the alternative, modify judgment on August 20, 2015. Therefore, the notice of appeal was due to be filed on October 19, 2015. See TEX. R. APP. P. 26.1(a). The clerk's record reflects that Appellant's notice of appeal was not filed until March 4, 2016. The clerk's record also reflects that the envelope containing the notice of appeal was stamped on March 1, 2016. It therefore appears that appellant did not file a timely notice of appeal. See Warner v. Glass, 135 S.W.3d 681, 682 (Tex. 2004) ("Consistent with the Inmate Litigation Act and Rule 5 of the Texas Rules of Civil Procedure, we hold that a pro se inmate's petition that is placed in a properly addressed and stamped envelope or wrapper is deemed filed at the moment prison authorities receive the document for mailing."). Without a timely filed notice of appeal, we do not have jurisdiction over this appeal.
We, therefore, ORDER appellant to show cause in writing by May 30, 2016 why this appeal should not be dismissed for lack of jurisdiction. We suspend all appellate deadlines pending our determination of whether we have jurisdiction over this appeal.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of April, 2016.
/s/_________
Keith E. Hottle
Clerk of Court