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

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-10-020-CV
JIM SHAW, DEFENDANT-SURETY APPELLANT
V.
THE STATE OF TEXAS APPELLEE
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FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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Appellant Jim Shaw, Defendant-Surety, attempts to appeal from the trial
court’s June 15, 2009 judgment. Appellant filed his notice of appeal on
January 22, 2010, more than seven months after the trial court signed its
judgment.
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 See Tex. R. App. P. 47.4.
On February 2, 2010, we sent appellant a letter that informed him of our
concern that we do not have jurisdiction over this appeal because the notice of
appeal was untimely filed. See Tex. R. App. P. 25.1(b), 26.1; Crites v. Collins,
284 S.W.3d 839, 840 (Tex. 2009) (indicating that the timely filing of a notice
of appeal under rule 26.1 is jurisdictional); Wilkins v. Methodist Health Care
Sys., 160 S.W.3d 559, 561, 564 (Tex. 2005) (same). We also informed
appellant that unless he filed a response by February 12, 2010, showing
grounds for continuing this appeal, the appeal could be dismissed for want of
jurisdiction. Appellant has not filed a response.
The times for filing a notice of appeal are mandatory and jurisdictional,
and absent a timely filed notice of appeal or extension request, we must dismiss
the appeal. See Tex. R. App. P. 25.1(b), 26.1, 26.3; Verburgt v. Dorner, 959
S.W.2d 615, 617 (Tex. 1997). Because appellant’s notice of appeal was not
timely filed, we dismiss his appeal for want of jurisdiction. See Tex. R. App.
P. 42.3(a), 43.2(f).
PER CURIAM
PANEL: GARDNER, WALKER, and MCCOY, JJ.
DELIVERED: March 18, 2010
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