John Wesley Covington v. Dolores Maldonado Covington

• Court: Court of Appeals of Texas
• Decided: July 11, 2024
• Docket: 11-24-00167-CV
• Status: Published

Opinion

Opinion filed July 11, 2024

In The

Eleventh Court of Appeals __________

No. 11-24-00167-CV __________

JOHN WESLEY COVINGTON, Appellant V. DOLORES MALDONADO COVINGTON, Appellee

On Appeal from the 318th District Court Midland County, Texas Trial Court Cause No. FM61,157

MEMORANDUM OPINION In 2018, the trial court signed a final decree of divorce. Appellant, John Wesley Covington, filed a pro se notice of appeal from the decree in June 2024. When the appeal was docketed in this court, the clerk of this court notified the parties that it appeared that the notice of appeal was untimely filed, and we requested that Appellant provide this court with a response showing grounds to continue this appeal. As of the date of this order, Appellant has not responded to our request. The documents on file in this appeal show that the trial court signed its order in the underlying proceeding on June 1, 2018. The notice of appeal was therefore due to be filed no later than July 2, 2018. See TEX. R. APP. P. 26.1. Appellant filed his pro se notice of appeal on June 4, 2024—well after the deadline to file had expired. We are prohibited from suspending the Rules of Appellate Procedure “to alter the time for perfecting an appeal in a civil case.” TEX. R. APP. P. 2. Absent a timely notice of appeal, this court is without jurisdiction to consider this appeal. See Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 564 (Tex. 2005); Garza v. Hibernia Nat’l Bank, 227 S.W.3d 233, 233–34 (Tex. App.—Houston [1st Dist.] 2007, no pet.); see also Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Because we are without jurisdiction, we must dismiss the appeal. See TEX. R. APP. P. 42.3(a). Accordingly, this appeal is dismissed for want of jurisdiction.

W. BRUCE WILLIAMS JUSTICE

July 11, 2024 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.