Noviembre Donn Hill v. Jimmy Wayne Hill

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-19-00334-CV
___________________________
NOVIEMBRE DONN HILL, Appellant
V.
JIMMY WAYNE HILL, Appellee
On Appeal from the 97th District Court
Montague County, Texas
Trial Court No. 2019-0165M-CV
Before Bassel, Womack, and Wallach, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant Noviembre Donn Hill attempts to appeal from the trial court’s Final
Decree of Divorce signed on August 12, 2019. No post-judgment motion was filed
to extend the appellate deadline, so the notice of appeal was due September 11, 2019.
See Tex. R. App. P. 26.1. Appellant, however, did not file a notice of appeal until
September 16, 2019.
On September 20, 2019, we notified Appellant that we were concerned that we
may not have jurisdiction over this appeal because the notice of appeal was not timely
filed. See id. We cautioned that unless Appellant or any party desiring to continue the
appeal filed with the court, on or before September 30, 2019, a response showing
grounds for continuing the appeal, we may dismiss this appeal for want of
jurisdiction. See Tex. R. App. P. 42.3(a), 44.3. We have not received a response.
We do not have jurisdiction over an appeal absent a timely filed notice of
appeal. See Tex. R. App. P. 25.1(b); Howlett v. Tarrant Cty., 301 S.W.3d 840, 843 (Tex.
App.—Fort Worth 2009, pet. denied) (op. on reh’g) (citing Verburgt v. Dorner, 959
S.W.2d 615, 617 (Tex. 1997)). Accordingly, because the notice of appeal was
untimely, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a),
43.2(f).
Per Curiam
Delivered: October 24, 2019
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