In the Interest of K.A.G.--Appeal from 207th District Court of Caldwell County
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-02-00223-CV In the Interest of K.A.G., Appellant FROM THE DISTRICT COURT OF CALDWELL COUNTY, 207TH JUDICIAL DISTRICT NO. 99-FL-420, HONORABLE DULCE MADRIGAL, JUDGE PRESIDING On November 9, 2001, the district court signed its final order establishing the parent-child relationship, appointing conservators, and setting child support. Jacinto Solis, who by his answer admitted paternity and was adjudicated the child=s father, filed a timely motion for new trial. Accordingly, his notice of appeal was due February 7, 2002. See Tex. R. Civ. P. 26.1(a)(1). Any motion for extension, express or implied,1 was due February 22, 2002. See Tex. R. App. P. 26.3. On March 29, 2002, the clerk of this Court received a document labeled AMotion for Extension of Time to File Appeal Record and Motion for Extension of Time to File Appellant=s Brief.@ Attached to the motion was an affidavit of indigence. See generally Tex. R. App. P. 20. As neither this Court nor the trial court had ever received a notice of appeal, the clerk of this Court considered the document as a notice of appeal. However, that notice was untimely. Even the apparent date of its preparation,2 March 1, 2002, is too late to confer jurisdiction on this 1 See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (receipt of document within fifteen-day period to file motion for extension implies motion for extension of time to file that document). 2 Soliz is an inmate proceeding pro se. Even if we were to allow for possible problems in mailing the document, the preparation date itself is too late. Court. See Tex. R. App. P. 2 (may not alter time for perfecting appeal in civil case). Accordingly, we dismiss the appeal for want of jurisdiction. Tex. R. App. P. 42.3(a). __________________________________________ Lee Yeakel, Justice Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel Dismissed for Want of Jurisdiction Filed: May 16, 2002 Do Not Publish 2
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