Opinion
No. 05-05-00023-CV
Opinion Filed August 12, 2005.
On Appeal from the 298th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 02-11709-M.
Dismiss.
Before Justices O'NEILL, RICHTER, and FRANCIS.
MEMORANDUM OPINION
Jorge E. Villalba, Jr. attempts to appeal a judgment rendered in favor of Bill W. Turrentine, II. By letter dated July 13, 2005, we notified appellant the Court questioned its jurisdiction over this appeal because the notice of appeal did not appear to be timely. We directed appellant to file a letter brief explaining how the Court has jurisdiction over this appeal. To date, appellant has not responded.
Appellant's notice of appeal was filed on January 5, 2005. Because appellant's notice of appeal does not contain the date of the judgment or order being appealed, we directed appellant, by letter dated January 13, 2005 and by order dated March 16, 2005, to file an amended notice of appeal containing the date of the judgment or order being appealed. Appellant has failed to do so. The final judgment in this case was signed on January 21, 2004, making the notice of appeal due on or before February 20, 2004. See Tex.R.App.P. 26.1. Appellant did not file his notice of appeal until January 5, 2005, almost a year outside the time allowed. Appellant has failed to file an amended notice of appeal as ordered and has failed to file a jurisdictional brief as ordered. Therefore, on the Court's own motion this appeal is dismissed. See Tex.R.App.P. 42.3.