in the Matter of the Marriage of Clifton and Bobette Hyman v. Clifton James Hyman Jr

Opinion

DISMISS; Opinion Filed September 18, 2012.

In The (!L111r1 uf Anm1!i .Fift1i 1iitrirt nf ixw at OaIta No. 05-l2-00l45- 1 C

BOBETTE JANEAN HYMAN, Appellant

V.

CLIFTON JAMES HYMAN, JR., Appellee

On Appeal from the 302nd Judicial District Court Dallas County, Texas Trial Court Cause No. 1)F-10-09046-U

MEMORANDUM OPINION Before Justices Bridges, Richter, and Lang Opinion By Justice Lang

By notice of appeal filed December 2, 2011, Bobette Janean Hyman appeals the trial court’s

August 23, 2011 final decree of divorce. Because she timely requested findings of fact and

conclusions of law, Hyman’s notice of appeal was due by November 21, 2011, or with a proper

extension motion, by December 6, 2011. See TEX. R. App. P. 26.1(a)(4), 26.3. Hyman’s notice of

appeal was filed within the fifteen-day extension period provided by rule 26.3, but she did not file

an extension motion. Accordingly, by letter dated August 6, 2012, we directed her to file a motion

to extend time to file the appeal in accordance with rule of appellate procedure 10.5(b). See id.

10.5(b), 26.3(b); Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997). We cautioned Hyrnan that if we

failed to receive the motion within ten days, we would, without further notice, dismiss the appeal for want ofjurisdiction. To date, Hyman has not filed the motion or otherwise communicated with

thL C ourt ALLordlmjy L dismiss thu appual S IF \ R P 42 3(a)

JUSTICE

120 145F.P05

—2— (intrt uf Appcah Fift1! Jitrirt nf i,uui at 1La1ta

JUDGMENT I3OBETTE JANEAN HYMAN, Appellant Appeal from the 302nd Judicial District Court of Dallas County, Texas. (Tr.Ct.No. DF- 10- No. 05-12-00 145-CV V. 09046-U). Opinion delivered by Justice Lang, Justices CLIFTON JAMES HYMAN, JR., Appellee Bridges and Richter participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee CLIFTON JAMES HYMAN, JR. recover his costs, if any, of this appeal from appellant BOBETTE JANEAN [lYMAN.

Judgment entered September 18, 2012.

DOUG LANG JUSTICE