Johnny B. Fuentes, Jr. v. Isaura R. Chavera--Appeal from 218th Judicial District Court of Frio County

MEMORANDUM OPINION
No. 04-07-00098-CV
Johnny B. FUENTES, Jr.,
Appellant
v.
Isaura R. CHAVERA,
Appellee
From the 218th Judicial District Court, Frio County, Texas
Trial Court No. 06-05-00108-CVF
Honorable Stella Saxon, Judge Presiding

PER CURIAM

 

Sitting: Catherine Stone, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

 

Delivered and Filed: March 21, 2007

 

DISMISSED FOR WANT OF JURISDICTION

The trial court signed a final judgment on December 4, 2006. Because appellant did not file a motion for new trial, motion to modify the judgment, motion for reinstatement, or request for findings of fact and conclusions of law, the notice of appeal was due to be filed on January 3, 2007. See Tex. R. App. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on January 18, 2007. See Tex. R. App. P. 26.3. Appellant, however, did not file his notice of appeal until February 8, 2007 and did not file a motion for extension of time.

On February 21, 2007, we ordered appellant to show cause in writing why this appeal should not be dismissed for want of jurisdiction. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) ("once the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court's jurisdiction."). Although appellant responded to our order on March 5, 2007, he provided no basis upon which this court can obtain jurisdiction over this appeal. Consequently, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3.

 

PER CURIAM