Jim Shaw, Defendant-Surety v. State ( 2010 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-10-043-CV
JIM SHAW, DEFENDANT-SURETY APPELLANT
V.
THE STATE OF TEXAS APPELLEE
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FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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Through a letter that we sent to appellant Jim Shaw on February 10,
2010, we have given him an opportunity to explain why his notice of appeal
was untimely filed 2 and why this appeal should not be dismissed for want of
1
 See Tex. R. App. P. 47.4.
2
 The trial court signed its final judgment on October 16, 2009.
Although appellant timely filed a motion for new trial on November 13, 2009,
he did not file his notice of appeal in the trial court until February 3, 2010, and
it was therefore untimely. See Tex. R. Civ. P. 329b(a); Tex. R. App. P.
26.1(a)(1).
jurisdiction. He has not done so. Accordingly, we dismiss the appeal for want
of jurisdiction. See Tex. R. App. P. 25.1(b), 26.1(a)(1), 42.3(a), 43.2(f); Crites
v. Collins, 284 S.W.3d 839, 840 (Tex. 2009) (indicating that the timely filing
of a notice of appeal is jurisdictional); Wilkins v. Methodist Health Care Sys.,
160 S.W.3d 559, 564 (Tex. 2005) (same).
PER CURIAM
PANEL: LIVINGSTON, DAUPHINOT, and GARDNER, JJ.
DELIVERED: March 18, 2010
2