Byron Walter Rusk v. Barbara K. Runge and Sheila Spencer Rusk--Appeal from 308th District Court of Harris County

Dismissed and Opinion filed November 14, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-02-00481-CV

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BYRON WALTER RUSK, Appellant

V.

BARBARA K. RUNGE and SHEILA ANN SPENCER RUSK, Appellees

On Appeal from the 308th District Court

Harris County, Texas

Trial Court Cause No. 96-18979

M E M O R A N D U M O P I N I O N

This is an appeal from a Decree Dividing Property on Remand and Judgment in Favor of Intervenor signed February 7, 2002. Appellant filed his notice of appeal on May 7, 2002, within ninety days of the judgment. The notice of appeal must be filed within thirty days after the judgment is signed when appellant has not filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusion of law. See Tex. R. App. P. 26.1. If appellant has filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusion of law, however, the notice of appeal must be filed within ninety days after the date the judgment is signed. See Tex. R. App. P. 26.1(a).

The clerk=s record in this appeal was filed October 3, 2002. The clerk=s record does not contain a motion for new trial or request for findings of fact and conclusions of law, making the notice of appeal untimely. Appellant states in his notice of appeal that he timely filed both of these documents, however.

Accordingly, on October 10, 2002, this Court issued an order directing appellant to file a supplemental clerk=s record containing a timely filed motion for new trial or request for findings of fact and conclusions of law with the Clerk of this Court on or before October 25, 2002. In the order, the Court informed appellant that the appeal would be dismissed for want of jurisdiction unless he filed a supplemental clerk=s record containing documents necessary to demonstrate this Court=s jurisdiction. See Tex. R. App. P. 42.3(a).

No supplemental clerk=s record has been filed. Appellant has not filed a request for an extension of time or other response to this Court=s October 10, 2002 order.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed November 14, 2002.

Panel consists of Chief Justice Brister and Justices Hudson and Fowler.

Do Not Publish C Tex. R. App. P. 47.3(b).