Gary Rauch v. Karolyn Marie Rauch--Appeal from 271st District Court of Wise County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-07-335-CV

GARY RAUCH APPELLANT

V.

KAROLYN MARIE RAUCH APPELLEE

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FROM THE 271ST DISTRICT COURT OF WISE COUNTY

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MEMORANDUM OPINION[1]

Gary Rauch is attempting to appeal from the trial court=s Final Decree of Divorce. The trial court signed the final decree on October 10, 2006, and no party filed a post-judgment motion. Therefore, Rauch=s notice of appeal was due November 9, 2006, but was not filed until September 28, 2007.[2]

On October 1, 2007, we notified appellant by letter of our concern that his appeal was subject to dismissal unless he filed a response showing grounds for continuing the appeal. Although appellant has filed a response, it does not state grounds for continuing the appeal. Appellant urges us to grant him an out-of-time appeal; however, we may not alter the time for perfecting an appeal in a civil case.[3] Accordingly, we dismiss the appeal for want of jurisdiction.[4]

PER CURIAM

PANEL D: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.

DELIVERED: November 15, 2007

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

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

[3]See Tex. R. App. P. 2.

[4]Butts v. Capitol City Nursing Home, Inc., 705 S.W.2d 696, 697 (Tex. 1986); Weik v. Second Baptist Church of Houston, 988 S.W.2d 437, 439 (Tex. App.CHouston [1st Dist.] 1999, pet. denied).