Bobby Savannah v. Jeffrey Savannah

Opinion

02-12-072-CV

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-12-00072-CV

Bobby Savannah		APPELLANT
V.
Jeffrey Savannah		APPELLEE

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FROM County Court at Law No. 1 OF Tarrant COUNTY

MEMORANDUM OPINION[1]

          On December 20, 2011, the trial court signed a take-nothing judgment against pro se appellant Bobby Savannah.  Appellant’s notice of appeal was therefore due on January 19, 2012.  See Tex. R. App. P. 26.1.  Appellant, however, filed his notice of appeal with the county clerk on February 16, 2012.  We sent a letter to appellant to express our concern that we do not have jurisdiction over the appeal because the notice of appeal is untimely.  Appellant responded to our letter with a letter of his own, but appellant’s letter does not show adequate grounds for continuing his appeal.  Because our jurisdiction depends on a timely notice of appeal and because appellant’s notice of appeal is untimely, we dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 26.1, 42.3(a), 43.2(f); Howlett v. Tarrant Cnty., 301 S.W.3d 840, 843 (Tex. App.—Fort Worth 2009, pet. denied) (op. on reh’g) (explaining that a timely filed notice of appeal confers jurisdiction on this court, and “absent a timely filed notice of appeal, we must dismiss the appeal”) (citing Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997)).

PER CURIAM

PANEL:  Livingston, C.J.; Dauphinot and Gardner, JJ.

DELIVERED:  May 3, 2012

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[1]See Tex. R. App. P. 47.4.