Carel Dirk Bosman v. Melissa Nicole Bosman

• Court: Court of Appeals of Texas
• Decided: May 23, 2024
• Docket: 01-24-00103-CV
• Status: Published

Opinion

Opinion issued May 23, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00103-CV ——————————— CAREL DIRK BOSMAN, Appellant V. MELISSA NICOLE BOSMAN, Appellee

On Appeal from the 280th District Court Harris County, Texas Trial Court Case No. 2022-67910

MEMORANDUM OPINION

Appellant, Carel Dirk Bosman, incarcerated and proceeding pro se, filed a

notice of appeal from the trial court’s November 11, 2022 “Protective Order.”

We dismiss the appeal for lack of jurisdiction. Generally, a notice of appeal is due within thirty days after the trial court signs

its judgment. See TEX. R. APP. P. 26.1. The deadline to file a notice of appeal is

extended to ninety days after the order is signed if, within thirty days after the

judgment is signed, a party timely files a motion for new trial, motion to modify the

judgment, motion to reinstate, or, under certain circumstances, a request for findings

of fact and conclusions of law. See TEX. R. APP. P. 26.1(a); see also TEX. R. CIV. P.

329b. The time to file a notice of appeal may also be extended if, within fifteen days

after the deadline to file the notice of appeal, a party files a notice of appeal and a

motion for extension of time to file a notice of appeal that complies with Texas Rule

of Appellate Procedure 10.5(b). See TEX. R. APP. P. 10.5(b), 26.3.

Here, the trial court signed its protective order on November 11, 2022. The

record does not reflect that any post-judgment motions extending the

notice-of-appeal deadline were filed. Accordingly, appellant’s notice of appeal was

due within thirty days after the trial court’s order was signed—on or before

December 12, 2022—or by December 27, 2022 with a fifteen-day extension. See

TEX. R. APP. P. 4.1(a), 26.1, 26.3. However, appellant did not file his notice of

appeal of the trial court’s order until January 22, 2024.

Without a timely filed notice of appeal, we lack jurisdiction over an appeal.

See TEX. R. APP. P. 25.1. On March 5, 2024, the Clerk of this Court notified

appellant that his appeal was subject to dismissal for lack of jurisdiction unless,

2 within fourteen days of the date of the notice, he filed a written response

demonstrating that this Court has jurisdiction over his appeal. See TEX. R. APP. P.

42.3(a). In his response, appellant did not demonstrate that this Court has

jurisdiction over his appeal, and instead asserted that he “had not intended to

preoccupy the Court of Appeals with an untimely appeal.”

Accordingly, we dismiss the appeal for lack of jurisdiction. See TEX. R. APP.

P. 42.3(a), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Landau, Countiss, and Guerra.