Daniel Pettijohn Wisda v. Hollie Marie Wisda

Court of Appeals of Texas·Decided August 30, 2018·No. 09-18-00289-CV·Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00289-CV ____________________

DANIEL PETTIJOHN WISDA, Appellant

V.

HOLLIE MARIE WISDA, Appellee _______________________________________________________ ______________

On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 17-05-06175 ________________________________________________________ _____________

MEMORANDUM OPINION

On August 2, 2018, we notified the parties that the notice of appeal did not

appear to have been timely filed. The appellant, Daniel Pettijohn Wisda, did not file

a response.

The trial court signed the judgment on March 22, 2018. By filing a motion for

new trial within thirty days of the date of the judgment, Wisda extended the time for

perfecting his appeal to June 20, 2018. See Tex. R. App. P. 26.1(a)(1). Wisda filed

a notice of appeal on July 30, 2018, but by that date his notice was untimely and

1 outside the period for which we may extend the appellate deadline that applies to

Wisda’s case. See Tex. R. App. P. 26.1(a)(1), 26.3. Thus, the appeal is dismissed for

lack of jurisdiction.

APPEAL DISMISSED.

________________________________ HOLLIS HORTON Justice

Submitted on August 29, 2018 Opinion Delivered August 30, 2018

Before Kreger, Horton, and Johnson, JJ.

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