Socorro Rodriguez v. Charles Gordon McAdams, M.D.--Appeal from 67th District Court of Tarrant County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-331-CV

SOCORRO RODRIGUEZ APPELLANT

V.

CHARLES GORDON MCADAMS, M.D. APPELLEE

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FROM THE 67TH DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION[1]

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Appellant Socorro Rodriguez appeals from the trial court=s judgment signed April 8, 2005. Appellant filed a motion for new trial on April 13, 2005. As a result, the notice of appeal was due July 7, 2005.[2] It was not filed until September 14, 2005.

Because the notice of appeal was untimely, we sent a letter to Appellant requesting a response showing grounds for continuing the appeal, as it appeared we lacked jurisdiction. In response, we received a motion to reinstate the case on the docket, which we treat as a motion to retain the case on the docket. But the motion does not show grounds for continuing the appeal. Accordingly, we dismiss this case for want of jurisdiction.[3]

PER CURIAM

PANEL D: DAUPHINOT, HOLMAN, and GARDNER, JJ.

DELIVERED: November 10, 2005

[1]See Tex. R. App. P. 47.4.

[2]See Tex. R. App. P. 26.1(a).

[3]See Tex. R. App. P. 25.1, 26.1 (together providing that appellate court has jurisdiction over timely filed notice of appeal); 42.3(a); 43.2(f).