in the Estate of Mary Jane Stafford

Court of Appeals of Texas

in the Estate of Mary Jane Stafford

DecidedJune 29, 2007

Docket12-07-00199-CV

StatusPublished

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Opinion

OPINION HEADING PER CUR

NO. 12-07-00199-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§ APPEAL FROM THE

IN THE ESTATE OF

MARY JANE STAFFORD, § COUNTY COURT AT LAW OF

DECEASED

§ RUSK COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of jurisdiction pursuant to Texas Rule of Appellate Procedure 42.3(a). The trial court’s judgment was signed on December 13, 2006. Under rule of appellate procedure 26.1(a), unless Appellant timely filed a motion for new trial or other postjudgment motion that extended the appellate deadlines, his notice of appeal was due to have been filed “within 30 days after the judgment [was] signed,” i.e., January 12, 2007. Appellant did not file a motion for new trial or other postjudgment motion that extended the appellate deadlines. Moreover, Appellant did not file a motion for extension of time to file his notice of appeal. See Tex. R. App. P. 26.3. Consequently, the time for perfecting Appellant’s appeal was not extended. Tex. R. App. P. 26.1(a). Appellant filed his notice of appeal on May 23, 2007. Because the notice of appeal was not filed on or before January 12, 2007, this court has no jurisdiction to consider the appeal.

On May 31, 2007, this court notified Appellant pursuant to Texas Rule of Appellate Procedure 42.3(a) that his notice of appeal was untimely. Appellant was further informed that unless the record was amended on or before June 11, 2007 to establish the jurisdiction of this court, the appeal would be dismissed. The deadline has now expired, and Appellant has neither responded to our notice or shown the jurisdiction of this court.

Because this court is not authorized to extend the time for perfecting an appeal except as provided by Texas Rules of Appellate Procedure 26.1 and 26.3, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

Opinion delivered June 29, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)

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OPINION HEADING PER CUR

NO. 12-07-00199-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§ APPEAL FROM THE

IN THE ESTATE OF

MARY JANE STAFFORD, § COUNTY COURT AT LAW OF

DECEASED

§ RUSK COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of jurisdiction pursuant to Texas Rule of Appellate Procedure 42.3(a). The trial court’s judgment was signed on December 13, 2006. Under rule of appellate procedure 26.1(a), unless Appellant timely filed a motion for new trial or other postjudgment motion that extended the appellate deadlines, his notice of appeal was due to have been filed “within 30 days after the judgment [was] signed,” i.e., January 12, 2007. Appellant did not file a motion for new trial or other postjudgment motion that extended the appellate deadlines. Moreover, Appellant did not file a motion for extension of time to file his notice of appeal. See Tex. R. App. P. 26.3. Consequently, the time for perfecting Appellant’s appeal was not extended. Tex. R. App. P. 26.1(a). Appellant filed his notice of appeal on May 23, 2007. Because the notice of appeal was not filed on or before January 12, 2007, this court has no jurisdiction to consider the appeal.

On May 31, 2007, this court notified Appellant pursuant to Texas Rule of Appellate Procedure 42.3(a) that his notice of appeal was untimely. Appellant was further informed that unless the record was amended on or before June 11, 2007 to establish the jurisdiction of this court, the appeal would be dismissed. The deadline has now expired, and Appellant has neither responded to our notice or shown the jurisdiction of this court.

Because this court is not authorized to extend the time for perfecting an appeal except as provided by Texas Rules of Appellate Procedure 26.1 and 26.3, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

Opinion delivered June 29, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)

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