Woodrow Wilson Williams v. Warden L. Massey

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-07-447 CV ____________________

WOODROW WILSON WILLIAMS, Appellant

V.

WARDEN L. MASSEY, ET AL., Appellees

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On Appeal from the 411th District Court Polk County, Texas Trial Cause No. CIV22,726

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MEMORANDUM OPINION

On September 20, 2007, we notified the parties that the notice of appeal did not appear to have been timely filed. The appellant filed a response in which he urges that his suit has merit and is not frivolous, that the trial court should have given him an opportunity to amend his pleadings and should have ruled on his pending motion for appointment of counsel before dismissing the suit without prejudice, and that his failure to perfect appeal occurred because of mistake or excusable neglect.

The trial court signed the order dismissing Cause No. CIV22,726 without prejudice on April 4, 2006. The appellate timetables commenced on that date and were not extended by the timely filing of post-judgment motions. ⁽¹⁾ Notice of appeal was due to be filed on May 4, 2006. See Tex. R. App. P. 26.1. Appellant filed notice of appeal on August 28, 2007, more than 30 days from the date of judgment and outside the time for which we may grant an extension of time to perfect appeal. See Tex. R. App. P. 26.3. This Court lacks jurisdiction over this appeal.

Accordingly, we dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.

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HOLLIS HORTON

Justice

Opinion Delivered October 25, 2007

Before McKeithen, C.J., Gaultney and Horton, JJ

1. According to the appellant, Williams did refile his suit. The trial court dismissed that suit, Cause No. 22920, on November 3, 2006. Williams voluntarily dismissed his appeal of Cause No. 22920. See Williams v. State, 13-07-033 CV, 2007 WL 2324013 (Tex. App.-Corpus Christi Aug. 16, 2007, no pet. h.).