MARK WILLIS, Appellant v. LABEL CRAFTERS, INC., Appellee
Annotate this CaseDISMISS and Opinion Filed November 28, 2007
In The
Court of Appeals
Fifth District of Texas at Dallas
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No. 05-07-00237-CV
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MARK WILLIS, Appellant
V.
LABEL CRAFTERS, INC., Appellee
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On Appeal from County Court at Law No. 5
Dallas County, Texas
Trial Court Cause No. CC-05-09090-E
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MEMORANDUM OPINION
Before Justices Whittington, Wright, and FitzGerald
In this appeal, appellant Mark Willis challenges the trial court's final judgment. Because appellant did not timely file his notice of appeal, we dismiss this appeal for want of jurisdiction.
The trial court signed its final judgment on November 9, 2006. Appellant timely filed a motion for new trial; therefore, his notice of appeal was due by February 7, 2007. See Tex. R. App. P. 26.1(a)(1). Appellant did not file his notice of appeal until February 27, 2007.
The timely filing of a notice of appeal is jurisdictional. See Tex. R. App. P. 25.1(b), 26.3. When a party files a notice of appeal within fifteen days of the deadline, Texas Rule of Appellate Procedure 26.3 permits parties to file a motion for extension of time to file their notice of appeal. See Tex. R. App. P. 26.3; see Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). However, a notice of appeal filed outside the fifteen-day period provided by rule 26.3 will not invoke the appellate court's jurisdiction. See Verburgt, 959 S.W.2d 617. Appellant's notice of appeal filed twenty days late does not invoke this Court's jurisdiction.
We DISMISS this appeal for want of jurisdiction.
PER CURIAM
070237F.P05
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