Opinion
No. 05-12-00349-CV
05-02-2012
ANDREW WILLIAMS, SR., Appellant v. LEOQUANA WILLIAMS, Appellee
DISMISS; Opinion Filed May 2, 2012.
On Appeal from the 429th Judicial District Court
Collin County, Texas
Trial Court Cause No. 429-51310-2009
MEMORANDUM OPINION
Before Justices Morris, Moseley, and Myers
Opinion By Justice Myers
By notice of appeal filed March 14, 2012, Andrew Williams, Sr. challenges the trial court's February 1, 2012 order of enforcement. Because the clerk's record does not reflect Williams filed a motion for new trial, motion to modify judgment, or request for findings of fact and conclusions of law, Williams's notice of appeal was due March 2, 2012 or with a timely extension motion, March 19, 2012. See Tex. R. App. P. 4.1, 26.1, 26.3. Although Williams filed his notice of appeal within the extension period, he did not file a motion setting forth a reasonable explanation for the need for the extension. See id. 10.5(b), 26.3; Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997).
The timely filing of a notice of appeal is jurisdictional. See Tex. R. App. P. 25.1(b), 26.1. On March 29, 2012, we directed Williams to file an extension motion complying with Texas Rules of Appellate Procedure 10.5(b). See Tex. R. App. P. 10.5(b), 26.3(b). We directed Williams to file the motion no later than April 5, 2012 and cautioned him that failure to comply would result in dismissal of the appeal without further notice. To date, Williams has not filed the motion or otherwise communicated with the Court. Accordingly, we dismiss the appeal for want of jurisdiction. See id. 42.3(a).
LANA MYERS
JUSTICE
120349F.P05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
ANDREW WILLIAMS, SR., Appellant
V.
LEOQUANA WILLIAMS, Appellee
No. 05-12-00349-CV
Appeal from the 429th Judicial District Court of Collin County, Texas. (Tr.Ct.No. 429- 51310-2009).
Opinion delivered by Justice Myers, Justices Morris and Moseley participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal. We ORDER that appellee LEOQUANA WILLIAMS recover her costs, if any, of this appeal from appellant ANDREW WILLIAMS, SR.
Judgment entered May 2, 2012.
LANA MYERS
JUSTICE