Christopher Joseph McCloskey v. Anne Miriam McCloskey

• Court: Court of Appeals of Texas
• Decided: July 6, 2006
• Docket: 14-06-00470-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed July 6, 2006

Dismissed and Memorandum Opinion filed July 6, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00470-CV

CHRISTOPHER JOSEPH MCCLOSKEY, Appellant

V.

ANNE MIRIAM MCCLOSKEY, Appellee

On Appeal from the 387th District Court

Fort Bend County, Texas

Trial Court Cause No. 98CV106445

M E M O R A N D U M  O P I N I O N

This is an appeal from a judgment signed April 3, 2006.  Appellant did not file a motion for new trial.  The notice of appeal was due May 3, 2006.  See Tex. R. App. P. 26.1.  Appellant, however, filed his notice of appeal on May 4, 2006, a date within 15 days of the due date for the notice of appeal.  See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).  Appellant did not file a motion to extend time to file the notice of appeal.  On June 1, 2006, we ordered appellant to file a proper motion to extend time to file the notice of appeal on or before June 12, 2006.  See Tex. R. App. P. 26.3;10.5(b).  Appellant did not file a motion.

Accordingly, we dismiss the appeal.  See Tex. R. App. P. 42.3.

PER CURIAM

Memorandum Opinion filed July 6, 2006.

Panel consists of Justices Anderson, Edelman, and Frost.