Opinion
No. 05-05-01720-CV
Opinion Issued March 9, 2006.
On Appeal from the 101st Judicial District Court, Dallas County, Texas, Trial Court Cause No. 02-11630.
Dismissed.
Before Justices WHITTINGTON, BRIDGES, and LANG-MIERS.
MEMORANDUM OPINION
The Texas Department of Insurance, Division of Workers' Compensation intervened in this lawsuit and is now appealing the trial court's August 26, 2005 judgment. Appellant timely filed a motion for new trial and, accordingly, its notice of appeal was due on November 24, 2005. See Tex.R.App.P. 26.1(a). Appellant did not file its notice of appeal until December 29, 2005. An untimely notice of appeal does not invoke this Court's jurisdiction. See Raulston v. Progressive Ins. Co., 115 S.W.3d 803, 804 (Tex.App.-Dallas 2003, no pet.).
In light of these circumstances, the Court instructed appellant to file a jurisdictional brief by February 6, 2006, explaining how this Court has jurisdiction over this appeal and warned appellant that failure to comply could result in dismissal of the appeal without further notice. As of the date of this opinion, no jurisdictional brief has been filed.
Because appellant did not timely file its notice of appeal, this Court lacks jurisdiction over this appeal. Accordingly, this appeal is DISMISSED for want of jurisdiction. See Tex.R.App.P. 42.3(a), (c).