Russell M. Davis v. Ahia Shabaaz & P. Barron, R.N.

• Court: Court of Appeals of Texas
• Decided: October 27, 2004
• Docket: 06-04-00119-CV
• Status: Published

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-04-00119-CV

RUSSELL M. DAVIS, Appellant

V.

AHIA SHABAAZ, ET AL., Appellees

---

On Appeal from the 202nd Judicial District Court

Bowie County, Texas

Trial Court No. 03C1868-202

---

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

            Russell M. Davis appeals from the dismissal of his lawsuit. The trial court signed the judgment June 16, 2004, and Davis filed no motion for new trial. Accordingly, the notice of appeal was due to be filed within thirty days, on or before July 16, 2004. See Tex. R. App. P. 26.1. Davis filed his notice of appeal August 25, 2004. The jurisdiction of a court of appeals is invoked by timely filing documents showing a bona fide intent to appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 616 (Tex. 1997). A timely-filed notice of appeal is therefore a prerequisite for jurisdiction of the appellate court. Bixby v. Bice, 992 S.W.2d 615, 616 (Tex. App.—Waco 1999, no pet.); Gunnels v. City of Brownfield, No. 07-02-0121-CV, 2002 WL 825567, at *1 (Tex. App.—Amarillo May 1, 2002, pet. denied) (not designated for publication). We have no jurisdiction over this appeal.

            We dismiss the appeal for want of jurisdiction.

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          October 26, 2004

Date Decided:             October 27, 2004