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Timmons v. Phelps

Court of Appeals of Texas, Twelfth District, Tyler
Sep 3, 2008
No. 12-08-00317-CV (Tex. App. Sep. 3, 2008)

Opinion

No. 12-08-00317-CV

Opinion delivered September 3, 2008.

Appeal from the County Court at Law.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.


MEMORANDUM OPINION


Appellant Michael Timmons filed a notice of appeal on July 24, 2008 evidencing his intent to appeal a default judgment entered in trial court cause number 02-3178-E in the County Court at Law No. 2 of Smith County.

On July 29, 2008, this court notified Timmons, pursuant to Texas Rule of Appellate Procedure 37.2, that the information received in this appeal does not show the jurisdiction of this court because it does not include a final judgment or other appealable order. Timmons was further notified that the appeal would be dismissed unless, on or before August 28, 2008, the information was amended to show the jurisdiction of this court. On August 20, 2008, Timmons furnished this court with a copy of a default "Order Establishing the Parent-Child Relationship" signed on August 13, 2003 by the judge of the 321st Judicial District Court of Smith County.

A notice of appeal must be filed within thirty days after the judgment is signed, subject to certain exceptions not applicable here. See Tex. R. App. P. 26.1. Thus, to invoke this court's jurisdiction, Timmons's notice of appeal from the August 13, 2003 order must have been filed on or before September 12, 2003. Because it was not, we have no jurisdiction to review any alleged error in the August 13, 2003 order. Consequently, although Timmons responded to the July 29, 2008 notice, he has not shown this court's jurisdiction of this appeal. Accordingly, this appeal is dismissed for want of jurisdiction . See Tex. R. App. P. 42.3(a), (c).


Summaries of

Timmons v. Phelps

Court of Appeals of Texas, Twelfth District, Tyler
Sep 3, 2008
No. 12-08-00317-CV (Tex. App. Sep. 3, 2008)
Case details for

Timmons v. Phelps

Case Details

Full title:MICHAEL R. TIMMONS, APPELLANT v. CARLA L. PHELPS AND IN THE INTEREST OF…

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: Sep 3, 2008

Citations

No. 12-08-00317-CV (Tex. App. Sep. 3, 2008)