Shahram Shakouri v. Fariba Badiyan Shakouri

Opinion

02-11-463-CV

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-11-00463-CV

Shahram Shakouri		APPELLANT
V.
Fariba Badiyan Shakouri		APPELLEE

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FROM THE 231st District Court OF Tarrant COUNTY

MEMORANDUM OPINION[1]

          Appellant Shahram Shakouri attempts to appeal from the trial court’s final decree of divorce entered in the underlying divorce case involving Appellee Fariba Badiyan Shakouri.  We will dismiss the appeal for want of jurisdiction.

          The trial court’s judgment was signed on June 23, 2011, and Shahram filed a motion for new trial on July 26, 2011.  If we were to presume that Shahram’s motion for new trial was timely, Shahram’s notice of appeal was due on September 21, 2011, but it was not filed until November 3, 2011.  See Tex. R. App. P. 26.1(a)(1).

          On November 8, 2011, we notified Shahram of our concern that this court may not have jurisdiction over the appeal and informed him that unless he or any party desiring to continue the appeal filed with the court a response on or before November 18, 2011, showing a reasonable explanation for the late filing of the notice of appeal, this appeal would be dismissed for want of jurisdiction.  See Tex. R. App. P. 10.5(b), 26.3, 42.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).  We have received no response.  Accordingly, we dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a), 43.2(f).

SUE WALKER
JUSTICE

PANEL:  WALKER, MCCOY, and MEIER, JJ.

DELIVERED:  December 22, 2011

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[1]See Tex. R. App. P. 47.4.