Seven Thousand Four Hundred Dollars v. State ( 2014 )

DISMISS; Opinion Filed March 31, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00369-CV
SENRICK WILKERSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-08-12857
MEMORANDUM OPINION
Before Justices FitzGerald, Fillmore, and Evans
Opinion by Justice Evans
This is an appeal from a 2009 default judgment in a civil forfeiture proceeding.
Appellant has filed a motion for out of time appeal asserting he “just learned” that the criminal
charge that led to the forfeiture of certain of his property was dismissed and the dismissal entitles
him to a return of his property. An appellate court, however, cannot enlarge the time for
perfecting a civil appeal beyond the time allowed by the rules of appellate procedure. See TEX.
R. APP. P. 2; In re T.W., 89 S.W.3d 641, 642 (Tex. App.–Amarillo 2002, no pet.). The deadline
to file a notice of appeal runs from the date of judgment or, if notice of the judgment is not
received within twenty days after the judgment is signed, from the date notice is received but no
later than ninety days from the signing of the judgment. See TEX. R. APP. P. 4.2, 26.1. Rule of
appellate procedure 26.1 provides four time frames for filing the notice. See id. 26.1. These time
frames are based on the type of judgment or order being appealed and range from twenty days in
an accelerated appeal to six months in a restricted appeal. See id. Additionally, rule 26.3
provides for one fifteen-day extension of time. See id. 26.3.
The judgment here is being appealed five years after it was signed, outside any time
frame provided by the rules. Accordingly, the appeal is untimely and appellant’s motion is
denied. And, because the appeal is untimely, we lack jurisdiction over the appeal and dismiss it.
See Harris Cnty. Toll Rd. Auth. v. Sw. Bell Tel., 263 S.W.3d 48, 53 (Tex. App.–Houston [1st
Dist.] 2006), affirmed on other grounds by, 282 S.W.3d 59 (Tex. 2009).
/David Evans/
DAVID EVANS
JUSTICE
140369F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
SENRICK WILKERSON, Appellant On Appeal from the 191st Judicial District
Court, Dallas County, Texas
No. 05-14-00369-CV V. Trial Court Cause No. DC-08-12857.
Opinion delivered by Justice Evans.
THE STATE OF TEXAS, Appellee Justices FitzGerald and Fillmore
participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee The State of Texas recover its costs, if any, of this appeal from
appellant Senrick Wilkerson.
Judgment entered this 31st day of March, 2014.
/David Evans/
DAVID EVANS
JUSTICE
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