Cedric Dewayne Lester, Jr. v. Bobbie Jo Martinez-Lester

• Court: Court of Appeals of Texas
• Decided: May 20, 2010
• Docket: 11-10-00105-CV
• Status: Published

Opinion

Opinion filed May 20, 2010

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-10-00105-CV

                       CEDRIC DEWAYNE LESTER, JR., Appellant

                                                             V.

                         BOBBIE JO MARTINEZ-LESTER, Appellee

                                  On Appeal from the County Court at Law

                                                            Smith County, Texas

                                                 Trial Court Cause No.  10-0592-E

                                            M E M O R A N D U M    O P I N I O N

            This is an appeal from an order dismissing a pro se petition for divorce for want of jurisdiction.  We dismiss the appeal.

            The trial court signed the order on March 3, 2010.  A motion for new trial was not filed.  In order to timely perfect an appeal, the notice of appeal was due to be filed on or before April 2, 2010.  Tex. R. App. P. 26.1.  Appellant filed his notice of appeal on April 5, 2010. 

            When the clerk’s record was received in this court, the clerk wrote the parties informing them that it appeared that the notice of appeal was untimely and that a motion for extension of time had not been filed in compliance with Tex. R. App. P. 26.3.  Appellant was directed to respond.  There has been no response to our letter of April 26, 2010.

            Absent a timely notice of appeal, a timely motion to extend time, or the proper showing of compliance with the good faith requirement of Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997), the appellate jurisdiction of this court is not invoked.  Appellant has not met any of these requirements.  Therefore, this appeal is dismissed for want of jurisdiction.

                                                                                                PER CURIAM

May 20, 2010

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.