Hung Thien v. John Basweti

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00157-CV
HUNG THIEN APPELLANT
V.
JOHN BASWETI APPELLEE
----------
FROM THE 67TH DISTRICT COURT OF TARRANT COUNTY
----------
MEMORANDUM OPINION1
----------
Appellant Hung Thien attempts to appeal from a final judgment in favor of
Appellee John Basweti. The trial court signed the judgment on March 30, 2011.
Thien did not file a post-judgment motion extending the deadline to file the notice
of appeal, so the notice of appeal was due by April 29, 2011, but was filed on
May 2, 2011. See Tex. R. App. P. 26.1(a)(1)–(4).
1
See Tex. R. App. P. 47.4.
Because Thien’s notice of appeal appeared to be untimely, we notified him
on May 10, 2011, of our concern that this court may not have jurisdiction over the
appeal. We informed him that unless he or any party desiring to continue the
appeal filed with the court, on or before May 20, 2011, a response showing a
reasonable explanation for the late filing of the notice of appeal or advising the
court that the notice of appeal was properly mailed on or before the due date, the
appeal would be dismissed for want of jurisdiction. See Tex. R. App. P. 9.2(b),
10.5(b), 26.3(b), 42.3(a). We have received no response.
The times for filing a notice of appeal are jurisdictional in this court, and
absent a timely filed notice of appeal or an extension request, we must dismiss
the appeal. See Tex. R. App. P. 25.1(b); Verburgt v. Dorner, 959 S.W.2d 615,
617 (Tex. 1997). Because Thien did not timely file his notice of appeal, we
dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
PER CURIAM
PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.
DELIVERED: July 21, 2011
2