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Gary Rauch v. Karolyn Marie Rauch ( 2007 )


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    COURT OF APPEALS

    SECOND DISTRICT OF TEXAS

    FORT WORTH

      

      

    NO. 2-07-335-CV

      

      

    GARY RAUCH APPELLANT

      

    V.

      

    KAROLYN MARIE RAUCH APPELLEE

      

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    FROM THE 271ST DISTRICT COURT OF WISE COUNTY

      

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    MEMORANDUM OPINION (footnote: 1)

      

    Gary Rauch is attempting to appeal from the trial court’s Final Decree of Divorce.  The trial court signed the final decree on October 10, 2006, and no party filed a post-judgment motion.  Therefore, Rauch’s notice of appeal was due November 9, 2006, but was not filed until September 28, 2007. (footnote: 2)

    On October 1, 2007, we notified appellant by letter of our concern that his appeal was subject to dismissal unless he filed a response showing grounds for continuing the appeal.  Although appellant has filed a response, it does not state grounds for continuing the appeal.  Appellant urges us to grant him an out-of-time appeal; however, we may not alter the time for perfecting an appeal in a civil case. (footnote: 3)  Accordingly, we dismiss the appeal for want of jurisdiction. (footnote: 4)

      

    PER CURIAM

    PANEL D:  CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.

    DELIVERED:  November 15, 2007

    FOOTNOTES

    1:

    See Tex. R. App. P. 47.4.

    2:

    See Tex. R. App. P. 26.1(a).

    3:

    See Tex. R. App. P. 2.

    4:

    Butts v. Capitol City Nursing Home, Inc., 705 S.W.2d 696, 697 (Tex. 1986); Weik v. Second Baptist Church of Houston, 988 S.W.2d 437, 439 (Tex. App.—Houston [1st Dist.] 1999, pet. denied).

Document Info

Docket Number: 02-07-00335-CV

Filed Date: 11/15/2007

Precedential Status: Precedential

Modified Date: 4/17/2021