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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