Steve Nelson v. City of Crockett ( 2004 )

MARY'S OPINION HEADING

                     NO. 12-04-00321-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

  TYLER, TEXAS

  STEVE NELSON,                                              §     APPEAL FROM THE

APPELLANT

V.                                                                         §     DISTRICT COURT OF

CITY OF CROCKETT,

APPELLEE                                                        §     HOUSTON COUNTY, TEXAS

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  MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for want of jurisdiction pursuant to Texas Rule of Appellate Procedure 42.3(a). The trial court’s judgment was signed on August 16, 2004. Under rule of appellate procedure 26.1(a), unless Appellant timely filed a motion for new trial or other post- judgment motion which extended the appellate deadlines, his notice of appeal was due to have been filed “within 30 days after the judgment [was] signed,” i.e., September 15, 2004. Appellant did not file a motion for new trial. Although Appellant, filed a notice of appeal on September 17, 2004, this Court has no jurisdiction to consider the appeal because the notice of appeal was not filed on or before September 15, 2004.

            On October 13, 2004, this Court notified Appellant pursuant to Texas Rule of Appellate Procedure 42.3(a) that his notice of appeal was untimely, and it informed him that unless within the record was amended on or before October 25, 2004 to establish the jurisdiction of this Court, the appeal would be dismissed. The deadline for responding to this Court’s notice has expired, and Appellant has neither responded to our notice nor established this Court’s jurisdiction.   

            Because this Court is not authorized to extend the time for perfecting an appeal except as provided by Texas Rules of Appellate Procedure 26.1 and 26.3, the appeal is dismissed for want of jurisdiction. Tex. R. App. P. 42.3(a).

Opinion delivered October 29, 2004.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)