Kimberly Waldrep, Individually and as Natural Parent and Next Friend of Haley Waldrep, a Minor v. Kiewit Texas Mining Company d/b/a Walnut Creek Mining Company--Appeal from 82nd District Court of Robertson County

IN THE

TENTH COURT OF APPEALS

No. 10-97-039-CV

KIMBERLY WALDREP, INDIVIDUALLY AND

AS NATURAL PARENT AND NEXT FRIEND OF

HALEY WALDREP, A MINOR,

Appellant

v.

KIEWIT TEXAS MINING COMPANY D/B/A

WALNUT CREEK MINING COMPANY,

Appellee

From the 82nd District Court

Robertson County, Texas

Trial Court # 95-08-14,957-CV

MEMORANDUM OPINION

Proceeding pro se on appeal, Kimberly Waldrep, individually and as next friend of Haley Waldrep, attempts to appeal a $2,500 judgment rendered in her favor in an automobile collision case. Because Waldrep did not attempt to perfect her appeal within the proper time period and no motion for an extension of time to perfect her appeal was filed, we conclude that we do not have jurisdiction over her appeal.

According to the transcript that was received by this court on January 30, 1997, the final judgment was signed by the trial court on July 31, 1996, and a motion for new trial was timely filed on August 29, 1996. // See Tex. R. Civ. P. 329b(a). Pursuant to Tex. R. App. P. 41(a)(1), Waldrep had ninety days after July 31, 1996, i.e. until October 29, 1996, to perfect her appeal from this judgment. // Waldrep filed her perfection instrument, an affidavit of inability to pays the costs of appeal, on November 13, fifteen days too late. // See id. Thus, Waldrep has failed to timely perfect her appeal. //

The time period for perfecting an appeal is jurisdictional. Davies v. Massey, 561 S.W.2d 799, 800 (Tex. 1978); El Paso Sharky's v. Amparan, 831 S.W.2d 3, 5 (Tex. App. El Paso 1992, writ denied). Because Waldrep failed to perfect her appeal within the jurisdictional time period and failed to timely request an extension of time for perfection, we lack jurisdiction to entertain this appeal. Id.; McDonald v. Newmyer, 775 S.W.2d 652, 653 (Tex. App. Houston [1st Dist.] 1989, writ denied).

Therefore, we dismiss this cause for want of jurisdiction.

PER CURIAM

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Dismissed for want of jurisdiction

Opinion delivered and filed February 19, 1997

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