in the Interest of J.M.U., a Minor Child

Court of Appeals of Texas

in the Interest of J.M.U., a Minor Child

DecidedMarch 30, 2005

Docket04-05-00107-CV

StatusPublished

This text of in the Interest of J.M.U., a Minor Child (in the Interest of J.M.U., a Minor Child) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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in the Interest of J.M.U., a Minor Child, (Tex. Ct. App. 2005).

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Opinion

MEMORANDUM OPINION

No. 04-05-00107-CV

IN THE INTEREST OF J.M.U.

From the 45th Judicial District Court, Bexar County, Texas

Trial Court No. 2004-CI-03310

Honorable Michael P. Peden, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Chief Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: March 30, 2005

DISMISSED FOR LACK OF JURISDICTION

The trial court signed a final judgment on June 14, 2004. Appellant filed a “Notice of Appeal, Or Notice of Restricted Appeal” on February 18, 2005. Generally, a notice of appeal must be filed within 30 days after the order or judgment is signed, or within 90 days if certain exceptions apply. See Tex. R. App. P. 26.1. If other conditions are met, an appellant may file a restricted appeal within six months after the judgment or order is signed. See Tex. R. App. P. 26.1(c); 30. It thus appears appellant’s notice of appeal was untimely because it was filed more than six months after June 14, 2004. Therefore, on March 1, 2005, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a).

Appellant responded on March 16, 2005. However, appellant’s response does not explain any jurisdictional grounds for appellant’s untimely appeal. This court is without jurisdiction to consider this appeal, because of the untimely notice of appeal. See Tex. R. App. P. 26.1. Accordingly, this appeal is dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a).

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MEMORANDUM OPINION

No. 04-05-00107-CV

IN THE INTEREST OF J.M.U.

From the 45th Judicial District Court, Bexar County, Texas

Trial Court No. 2004-CI-03310

Honorable Michael P. Peden, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Chief Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: March 30, 2005

DISMISSED FOR LACK OF JURISDICTION

The trial court signed a final judgment on June 14, 2004. Appellant filed a “Notice of Appeal, Or Notice of Restricted Appeal” on February 18, 2005. Generally, a notice of appeal must be filed within 30 days after the order or judgment is signed, or within 90 days if certain exceptions apply. See Tex. R. App. P. 26.1. If other conditions are met, an appellant may file a restricted appeal within six months after the judgment or order is signed. See Tex. R. App. P. 26.1(c); 30. It thus appears appellant’s notice of appeal was untimely because it was filed more than six months after June 14, 2004. Therefore, on March 1, 2005, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a).

Appellant responded on March 16, 2005. However, appellant’s response does not explain any jurisdictional grounds for appellant’s untimely appeal. This court is without jurisdiction to consider this appeal, because of the untimely notice of appeal. See Tex. R. App. P. 26.1. Accordingly, this appeal is dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a).

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