Ex Parte Berry Dwayne Minnfee

• Court: Court of Appeals of Texas
• Decided: March 29, 2007
• Docket: 14-07-00139-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 29, 2007

Dismissed and Memorandum Opinion filed March 29, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00139-CV

EX PARTE BERRY DWAYNE MINNFEE, Appellant

On Appeal from the 257th District Court

Harris County, Texas

Trial Court Cause No. 2006-34992

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from an order signed December 19, 2006, dismissing for want of prosecution appellant=s petition requesting a name change.  Appellant filed an untimely motion to reinstate the case on February 16, 2007.  See Tex. R. Civ. P. 165a(3) (requiring motion to reinstate to be filed within 30 days of dismissal order).  Appellant filed a notice of appeal on February 12, 2007.

The notice of appeal must be filed within 30 days after the judgment is signed when appellant has not filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusion of law.  See Tex. R. App. P. 26.1.

Appellant=s notice of appeal was more than 30 days after the dismissal order was signed.  In addition, appellant=s notice of appeal was not filed within the 15-day period for requesting an extension of time.  See Tex. R. App. P. 26.3.  Therefore, we lack jurisdiction to consider this appeal.  See Butts v. Capitol City Nursing Home, Inc., 705 S.W.2d 696, 697 (Tex. 1986) (holding court of appeals lacked jurisdiction where no proper motion to reinstate was filed within 30 days of the signing of the order of dismissal in order to extend the time for perfecting an appeal).

On March 15, 2007, notification was transmitted to all parties of the court=s intention to dismiss the appeal for want of jurisdiction unless the record demonstrated the appeal was timely perfected.  See Tex. R. App. P. 42.3(a).  Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 29, 2007.

Panel consists of Chief Justice Hedges and Justices Fowler and Edelman.