Salvador Barajas v. Nancy Cerda ( 2012 )


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    Opinion issued March 29, 2012.

     

     

     

     

     

     

    In The

    Court of Appeals

    For The

    First District of Texas

     

     


    NO. 01-10-00705-CV

    ____________

     


    SALVADOR BARAJAS, Appellant

     

    V.

     

    NANCY CERDA, Appellee

     

         

    On Appeal from the 257th District Court

    Harris County, Texas

    Trial Court Cause No. 2009-07758

     

      

     


    MEMORANDUM OPINION


    Appellant Salvador Barajas attempts to appeal from the trial court’s judgment signed February 13, 2009. 

    Generally, a notice of appeal is due within thirty days after the judgment is signed.  See Tex. R. App. P. 26.1(a)(1).  Here, the trial court signed the final judgment on February 13, 2009.  Appellant’s notice of appeal was due by March 16, 2009. The record shows that appellant filed his notice of appeal on August 11, 2010, nearly 17 months past the deadline. See Tex. R. Civ. P. 329b(a).  Appellant’s notice of appeal was untimely filed.  Without a timely filed notice of appeal, this Court lacks jurisdiction over the appeal. See Tex. R. App. P. 25.1.

    On November 23, 2011, we notified appellant that his appeal was subject to dismissal for want of jurisdiction unless, by December 13, 2011, he filed a response showing grounds for continuing the appeal. Appellant did not respond.

    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 Chief Justice Radack and Justices Higley and Brown.

     

     

Document Info

Docket Number: 01-10-00705-CV

Filed Date: 3/29/2012

Precedential Status: Precedential

Modified Date: 10/16/2015