in the Interest of P. D. D., a Child

• Court: Court of Appeals of Texas
• Decided: August 12, 2010
• Docket: 06-10-00046-CV
• Status: Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________

No. 06-10-00046-CV ______________________________

IN THE INTEREST OF P.D.D., A CHILD

On Appeal from the 5th Judicial District Court Bowie County, Texas Trial Court No. 93D1350-005

Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter MEMORANDUM OPINION

Vickey McAllister has filed a notice of appeal from an order involving, among other

things, an award of child support. On July 28, 2010, we mailed a letter to appellant’s counsel

requesting that counsel show this Court how we had jurisdiction over this appeal regarding the

untimely filing of the notice of appeal. The order on child support was signed February 11, 2010,

and a timely motion for new trial was filed, but the notice of appeal was not filed until June 7,

2010. The notice of appeal was due to be filed within ninety days after the judgment was signed,

no later than May 12, 2010. TEX. R. APP. P. 26.1(a). In the absence of a timely notice of appeal,

we have no jurisdiction to hear the appeal.

In our letter, we directed counsel to show this Court how we had jurisdiction and informed

him that if no response was received by August 9, 2010, the appeal would be dismissed for want of

jurisdiction. It is now August 11, 2010, and no response has been received.

We dismiss the appeal for want of jurisdiction.

Jack Carter Justice

Date Submitted: August 11, 2010 Date Decided: August 12, 2010