IN THE INTEREST OF M.D.L., A CHILD

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DISMISS and Opinion Filed June 12, 2009
 
 
 
In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-09-00199-CV
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IN THE INTEREST OF M.D.L., A CHILD
.............................................................
On Appeal from the 416th Judicial District Court
Collin County, Texas
Trial Court Cause No. 416-50975-06
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MEMORANDUM OPINION
Before Justices Morris, Richter, and Lang-Miers
        The trial court's “Order in Motion for Enforcement and Order to Appear” was signed on October 17, 2008. Appellant filed a motion for new trial on November 14, 2008; therefore his notice of appeal was due by January 15, 2009. See Tex. R. App. P. 26.1(a)(1). The notice of appeal is file- stamped February 26, 2009. In response to our letter questioning our jurisdiction over the appeal, appellant filed a letter brief conceding the notice of appeal was untimely. Appellee did not respond to our jurisdictional inquiry. Absent a timely notice of appeal, we have no jurisdiction over the appeal. See generally Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997).
        We dismiss the appeal for want of jurisdiction.
                                                          PER CURIAM
 
Do Not Publish
Tex. R. App. P. 47
090199F.P05
 
 

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