in the Interest of S.J.R., a Child

• Court: Court of Appeals of Texas
• Decided: September 14, 2006
• Docket: 02-05-00279-CV
• Status: Published

Opinion

KENNEDY V. WATHEN

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO.  2-06-268-CV

RONALD KENNEDY APPELLANT

V.

R. WATHEN, DOROTHY THORTON, R. ROWE APPELLEES

AND OTHER UNKNOWN PERSONS WHO

HAVE ACTED INDIVIDUALLY, PERSONALLY

AND JOINTLY UNDER THEIR CAPACITY OF

EMPLOYMENT AND ITS AUTHORITY IN

UNCONSTITUTIONAL AND UNLAWFUL

MANNER TO VIOLATE THE RIGHTS OF

PLAINTIFF

------------

FROM COUNTY COURT AT LAW NO. 2 OF WICHITA COUNTY

MEMORANDUM OPINION ^{(footnote: 1)}

Appellant Ronald Kennedy, pro se, attempts to appeal from the trial court’s order dismissing as frivolous his claims against Appellees.  The trial court signed the order of dismissal on April 4, 2006, but Appellant did not file his notice of appeal until August 4, 2006, long after the applicable deadline.   See Tex. R. App. P. 26.1.

On August 7, 2006, we notified Appellant that we would dismiss this appeal unless he or any party desiring to continue the appeal filed a response by August 17, 2006.   See Tex. R. App. P. 42.3(a). We have received no response.

The times for filing a notice of appeal are jurisdictional in this court, and absent a timely filed notice of appeal, we must dismiss the appeal.   See Tex. R. App. P. 25.1(b), 26.1; Verburgt v. Dorner , 959 S.W.2d 615, 617 (Tex. 1997).  Because Appellant’s notice of appeal was not timely filed, we dismiss the appeal for want of jurisdiction.   See Tex. R. App. P. 42.3(a), 43.2(f).

PER CURIAM

PANEL D: GARDNER, WALKER, and MCCOY, JJ.

DELIVERED: September 14, 2006

FOOTNOTES

1:

See Tex. R. App. P. 47.4.