Salvador Barajas v. Nancy Cerda

Opinion

Opinion issued March 29, 2012.

In The

Court of Appeals

For The

First District of Texas

NO. 01-10-00705-CV

____________

SALVADOR BARAJAS, Appellant

V.

NANCY CERDA, Appellee

On Appeal from the 257th District Court

Harris County, Texas

Trial Court Cause No. 2009-07758

MEMORANDUM OPINION

Appellant Salvador Barajas attempts to appeal from the trial court’s judgment signed February 13, 2009. 

Generally, a notice of appeal is due within thirty days after the judgment is signed.  See Tex. R. App. P. 26.1(a)(1).  Here, the trial court signed the final judgment on February 13, 2009.  Appellant’s notice of appeal was due by March 16, 2009.  The record shows that appellant filed his notice of appeal on August 11, 2010, nearly 17 months past the deadline.  See Tex. R. Civ. P. 329b(a).  Appellant’s notice of appeal was untimely filed.  Without a timely filed notice of appeal, this Court lacks jurisdiction over the appeal. See Tex. R. App. P. 25.1.

On November 23, 2011, we notified appellant that his appeal was subject to dismissal for want of jurisdiction unless, by December 13, 2011, he filed a response showing grounds for continuing the appeal.  Appellant did not respond.

Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).  We dismiss any other pending motions as moot. 

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Brown.