Roosevelt J. Jones v. Wood County, Karla Wells and Lacy Surveying & Mapping

• Court: Court of Appeals of Texas
• Decided: March 14, 2007
• Docket: 12-07-00086-CV
• Status: Published

Opinion

OPINION HEADING PER CUR

                NO. 12-07-00086-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

ROOSEVELT J. JONES,     §          APPEAL FROM THE 402ND

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

WOOD COUNTY, KARLA WELLS, AND

LACY SURVEYING & MAPPING,            §          WOOD COUNTY, TEXAS

APPELLEES

MEMORANDUM OPINION

PER CURIAM

            In this accelerated appeal, Appellant appeals from the trial court’s order granting Appellee Wood County’s plea to the jurisdiction.  See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8)  (Vernon Supp. 2006).  We dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a). 

            The trial court’s judgment was signed on January 29, 2007.  In an accelerated appeal, the notice of appeal must be filed “within 20 days after the judgment or order [was] signed,” i.e., February 20, 2007.  See Tex. R. App. P. 26.1(b).  Appellant filed his notice of appeal on February 26, 2007.  However, because the notice of appeal was not filed on or before February 20, 2007, this court has no jurisdiction to consider the appeal.

            On February 26, 2007, this court notified Appellant pursuant to Texas Rules of Appellate Procedure 37.1 and 42.3(a) that his notice of appeal was untimely, and it informed Appellant that unless the record was amended on or before March 8, 2007 to establish the jurisdiction of this court, the appeal would be dismissed.  Appellant has not responded to our notice. 

            This court is not authorized to extend the time for perfecting an appeal except as provided by Texas Rules of Appellate Procedure 26.1 and 26.3.  Accordingly, we dismiss this appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a).

Opinion delivered March 14, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

PUBLISH