in the Matter of the Marriage of Clifton and Bobette Hyman v. Clifton James Hyman Jr ( 2012 )

DISMISS; Opinion Filed September 18, 2012.
In The
(!L111r1 uf Anm1!i
.Fift1i 1iitrirt nf ixw at OaIta
No. 05-l2-00l45-
1 C
BOBETTE JANEAN HYMAN, Appellant
V.
CLIFTON JAMES HYMAN, JR., Appellee
On Appeal from the 302nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. 1)F-10-09046-U
MEMORANDUM OPINION
Before Justices Bridges, Richter, and Lang
Opinion By Justice Lang
By notice of appeal filed December 2, 2011, Bobette Janean Hyman appeals the trial court’s
August 23, 2011 final decree of divorce. Because she timely requested findings of fact and
conclusions of law, Hyman’s notice of appeal was due by November 21, 2011, or with a proper
extension motion, by December 6, 2011. See TEX. R. App. P. 26.1(a)(4), 26.3. Hyman’s notice of
appeal was filed within the fifteen-day extension period provided by rule 26.3, but she did not file
an extension motion. Accordingly, by letter dated August 6, 2012, we directed her to file a motion
to extend time to file the appeal in accordance with rule of appellate procedure 10.5(b). See id.
10.5(b), 26.3(b); Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997). We cautioned Hyrnan that if we
failed to receive the motion within ten days, we would, without further notice, dismiss the appeal
for want ofjurisdiction. To date, Hyman has not filed the motion or otherwise communicated with
thL C ourt ALLordlmjy L dismiss thu appual S IF \ R P 42 3(a)
JUSTICE
120 145F.P05
—2—
(intrt uf Appcah
Fift1! Jitrirt nf i,uui at 1La1ta
JUDGMENT
I3OBETTE JANEAN HYMAN, Appellant Appeal from the 302nd Judicial District Court
of Dallas County, Texas. (Tr.Ct.No. DF- 10-
No. 05-12-00 145-CV V. 09046-U).
Opinion delivered by Justice Lang, Justices
CLIFTON JAMES HYMAN, JR., Appellee Bridges and Richter participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER
that appellee CLIFTON JAMES HYMAN, JR. recover his costs, if any, of this appeal from appellant
BOBETTE JANEAN [lYMAN.
Judgment entered September 18, 2012.
DOUG LANG
JUSTICE