Kairen Jewell Stephens v. Richard Miles Stephens--Appeal from 18th District Court of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-00-085-CV

IN THE MATTER OF THE MARRIAGE OF

KAIREN JEWELL STEPHENS,

Appellant

AND

RICHARD MILES STEPHENS,

Appellee

From the 18th District Court

Johnson County, Texas

Trial Court # 5538-97

O P I N I O N

Kairen and Richard Stephens filed for divorce and a receiver was appointed. The final judgment of divorce was signed, and several months later, an order on the disbursement of funds was signed. Kairen is now attempting to appeal the order of disbursement. // We dismiss the appeal for want of jurisdiction.

Rule 26.1 of the Texas Rules of Appellate Procedure provides:

The notice of appeal must be filed within 30 days after the judgment is signed, except as follows:

(a) the notice of appeal must be filed within 90 days after the judgment is signed if any party timely files:

***

(4) a request for findings of fact and conclusions of law ....

Tex. R. App. P. 26.1(a)(4).

Kairen requested findings of fact and conclusions of law by the trial court in support of the order of disbursement. Therefore, assuming the order of disbursement was an appealable order, her notice of appeal was due within 90 days after it was signed. Her notice of appeal was filed with the trial court clerk 124 days after the order was signed. No motion for extension of time to file a notice of appeal was filed, and none could be entertained. See Id. 26.3. Had Kairen s notice of appeal been filed within 15 days from the date it was originally due, we would have been able to deem it timely filed if we found her explanation for the notice s tardiness reasonable. See Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997). However, Kairen filed her notice of appeal 34 days late. We cannot suspend any rule to alter the time for perfecting a notice of appeal in a civil case. Tex. R. App. P. 2.

Therefore, we dismiss this cause for want of jurisdiction. Id. 42.3(a).

TOM GRAY

Justice

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Justice Vance concurs in the dismissal without a separate opinion

Dismissed

Opinion delivered and filed May 31, 2000

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