In the Interest of J.C.F-C., a Child--Appeal from 225th Judicial District Court of Bexar County
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i i i i i i MEMORANDUM OPINION No. 04-08-00371-CV IN THE INTEREST OF J.C.F.-C., a Child From the 225th Judicial District Court, Bexar County, Texas Trial Court No. 2002-EM5-03641 Honorable David A. Berchelmann, Jr., Judge Presiding PER CURIAM Sitting: Alma L. López, Chief Justice Catherine Stone, Justice Karen Angelini, Justice Delivered and Filed: September 17, 2008 DISMISSED FOR LACK OF JURISDICTION On May 29, 2008, appellant filed a document entitled Petition for Restricted Appeal seeking to appeal a judgment signed on November 3, 2007. In his Petition for Restricted Appeal, appellant concedes that he participated in the trial; however, he notes that he did not participate in the entry of the judgment. Rule 30 of the Texas Rules of Appellate Procedure states, A party who did not participate - either in person or through counsel - in the hearing that resulted in the judgment complained of may file a restricted appeal. TEX . R. APP . P. 30. The judgment appellant seeks to appeal states, Petitioner, Daniel Cruz Cantu, appeared in person and through attorney of record, Matt Stolhandske, and announced ready for trial. Although the judgment was signed on November 3, 2007, the judgment states that it was judicial PRONOUNCED AND RENDERED in court at San 04-08-00371-CV Antonio, Bexar County, Texas on October 3, 2007. Moreover, a notice of appeal in a restricted appeal must be filed within six months after the judgment is signed; therefore, appellant s notice of appeal was required to be filed no later than May 3, 2008. TEX . R. APP . P. 26.1(c). Appellant did not file his Petition for Restricted Appeal until May 29, 2008. On August 15, 2008, this court ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond to our order. This appeal is dismissed for lack of jurisdiction. Costs of the appeal are taxed against appellant. PER CURIAM -2-
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