COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00044-CV
DONALD GREGORY
STEPHENSON
APPELLANT
V.
DEBORAH KAY STEPHENSON
APPELLEE
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FROM THE 360TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION1
---------On July 27, 2011, the trial court signed a default judgment granting the
divorce of Appellant Donald Gregory Stephenson and Appellee Deborah Kay
Stephenson. Appellant timely filed a motion for new trial, extending the appellate
deadline so that the notice of appeal was due October 25, 2011.2 But Appellant
1
See Tex. R. App. P. 47.4.
2
See Tex. R. App. P. 26.1(a).
did not file his notice of appeal until January 27, 2012. It was therefore filed
untimely.
We notified Appellant by letter on January 30, 2012 that we were
concerned that we lack jurisdiction over this appeal because the notice of appeal
was not timely filed. We stated that unless he or any party filed with this court,
on or before February 9, 2012, a response showing grounds for continuing the
appeal, the appeal was subject to dismissal for want of jurisdiction. We have
received no response.
Appellant’s notice of appeal mistakenly provides that this appeal is
restricted and that he filed no timely postjudgment motion. In fact, Appellant filed
a timely motion for new trial.
Accordingly, this appeal does not meet the
requirements of a restricted appeal.3 The notice of appeal was therefore due
within ninety days of the trial court’s signing of the judgment, or October 25,
2011.4 Because Appellant did not file his notice of appeal until January 27, 2012,
it was untimely.5
3
See Tex. R. App. P. 25.1(d)(7)(B).
4
See Tex. R. App. P. 26.1(a).
5
See id.
2
Accordingly, we dismiss this case for want of jurisdiction.6
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DELIVERED: March 1, 2012
6
See Tex. R. App. P. 42.3(a), 43.2(f).
3
