Miriam Barrera v. Cesar Ivan Gonzalez Martinez--Appeal from County Court at Law of Starr County

MEMORANDUM OPINION

No. 04-06-00584-CV

Miriam BARRERA,

Appellant
v.
Cesar Ivan Gonzalez MARTINEZ,

Appellee

From the County Court at Law, Starr County , Texas

Trial Court No. CC-04-344

Honorable Romero Molina, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: October 18, 2006

DISMISSED FOR LACK OF JURISDICTION

The trial court signed a Final Divorce Decree on September 9, 2005. Appellant filed a Notice of Appeal on February 24, 2006. Generally, a notice of appeal must be filed within 30 days after the order or judgment is signed, or within 90 days if a timely motion for new trial is filed. SeeTex. R. App. P. 26.1. Here, appellant's motion for new trial was due to be filed on October 10, 2005.

If other conditions are met, an appellant may file a restricted appeal within six months after the judgment or order is signed. See Tex. R. App. P. 26.1(c); 30. Among the conditions that must be met are that appellant "did not timely file a postjudgment motion ." Tex. R. App. P. 30.

In his notice of appeal, appellant states: "Appellant did not timely file a postjudgment motion, request for findings of fact and conclusions of law, or notice of appeal." However, the clerk's record contains a motion for new trial that was timely-filed on October 6, 2005, and that was heard and denied by the trial court on November 30, 2005. Thus, because it appeared this court does not have jurisdiction over this appeal, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. No response to our show cause order has been filed.

Therefore, this appeal is dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a).

PER CURIAM