Nancy Merrill DBA Merrill Bail Bonds v. State of Texas--Appeal from 168th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

NANCY MERRILL McCARTER D/B/A )

MERRILL BAIL BONDS, )

) No. 08-03-00105-CV

Appellant, )

) Appeal from the

v. )

) 168th Impact District Court

THE STATE OF TEXAS, )

) of El Paso County, Texas

Appellee. )

) (TC# 2002BF124)

)

MEMORANDUM OPINION

Pending before the Court on its own initiative is the dismissal of this appeal for want of jurisdiction pursuant to Tex.R.App.P. 42.3. This rule states:

Under the following circumstances, on any party=s motion--or on its own initiative after giving ten days= notice to all parties--the appellate court may dismiss the appeal or affirm the appealed judgment or order. Dismissal or affirmance may occur if the appeal is subject to dismissal:

(a) for want of jurisdiction;

(b) for want of prosecution; or

(c) because the appellant has failed to comply with a requirement of these rules, a court order, or a notice from the clerk requiring a response or other action within a specified time.

Tex.R.App.P. 42.3.

Final judgment was reached in the trial court on December 9, 2002. Notice of Appeal was required to be filed no later than January 8, 2003. Tex.R.App.P. 26.1. According to the district clerk=s docketing certificate, Appellant filed an untimely motion for new trial on February 4, 2003. See Tex.R.App.P. 21.4(a). He then filed an untimely notice of appeal on February 28, 2003. On March 4, 2003, this Court sent notice to the parties of our intent to dismiss the appeal for want of jurisdiction unless any party shows grounds for continuing the appeal. To date, we have received no response. Accordingly, we now dismiss this appeal under Tex.R.App.P.42.3(a).

May 1, 2003

DAVID WELLINGTON CHEW, Justice

Before Panel No. 3

Barajas, C.J., Larsen, and Chew, JJ.