Joyce Lee Hickman, Iindividually and D/B/A Classic Medical & Dental Clinic, Inc. v. Rita Lemons Individually and D/B/A Dental Assistance by the Phone ( 2012 )

Opinion issued June 7, 2012.

In The

Court of Appeals

For The

First District of Texas

NO. 01-11-01116-CV

____________

JOYCE HICKMAN, INDIVIDUALLY AND d/b/a classic medical & dental clinic, inc., Appellant

V.

rita lemons, INDIVIDUALLY AND d/b/a dental assistance by the phone, Appellee

On Appeal from the 127th District Court

Harris County, Texas

Trial Court Cause No. 2000-34109

MEMORANDUM OPINION

Appellant, Joyce Hickman, individually and d/b/a Classic Medical and Dental Clinic, Inc., attempts to appeal from a trial court’s judgment signed over ten years ago.  We dismiss the appeal for lack of jurisdiction.  

Appellant appeals from the trial court’s judgment signed December 11, 2001.  Generally, with exceptions not applicable to this case, a notice of appeal is due within thirty days after the judgment is signed.  See Tex. R. App. P. 26.1.  The deadline for appellant to file her notice of appeal was January 10, 2002. See id.  Appellant filed her notice of appeal on March 8, 2012, which was ten years after the deadline.  Without a timely filed notice of appeal, the Court lacks jurisdiction over the appeal. See Tex. R. App. P. 25.1.

On April 13, 2012, we notified appellant that the appeal was subject to dismissal for want of jurisdiction.  In her response, appellant asked the Court to take jurisdiction in the interest of justice because she was incarcerated in federal prison and did not receive timely notice of the trial court’s judgment.  Appellant’s response does not demonstrate that the Court has jurisdiction.

Accordingly, we dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a), 43.2(f).  We dismiss any other pending motions as moot. 

PER CURIAM

Panel consists of Justices Bland, Massengale, and Brown.