David Gerald Mouser v. Molly Lee Mouser--Appeal from County Court at Law of Anderson County

MARY'S OPINION HEADING NO. 12-03-00413-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

DAVID GERALD MOUSER,

 
APPEAL FROM THE

APPELLANT

 

V.

 
COUNTY COURT AT LAW OF

MOLLY LEE MOUSER,

APPELLEE

 
ANDERSON COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM

This appeal is being dismissed for want of jurisdiction pursuant to Texas Rule of Appellate Procedure 42.3(a). The trial court's judgment was signed on October 16, 2003. Under rule of appellate procedure 26.1(a), unless Appellant timely filed a motion for new trial or other post- judgment motion which extended the appellate deadlines, his notice of appeal was due to have been filed "within 30 days after the judgment [was] signed," i.e., November 17, 2003. Appellant did not file a post-trial motion that extended the time for filing his notice of appeal. However, Appellant filed his notice of appeal on November 24, 2003. Because the notice of appeal was not filed on or before November 17, 2003, this court has no jurisdiction to consider the appeal.

On December 4, 2003, this court notified Appellant pursuant to Tex. R. App. P. 42.3(a) that his notice of appeal was untimely, and it informed him that unless on or before December 19, 2003 the record was amended to establish the jurisdiction of this court, the appeal would be dismissed. Appellant has not responded to this court's dismissal notice, and the record has not been amended to establish this court's jurisdiction.

 

Because this court is not authorized to extend the time for perfecting an appeal except as provided by Texas Rules of Appellate Procedure 26.1 and 26.3, we dismiss the appeal for want of jurisdiction. Tex. R. App. P. 42.3(a).

 

Opinion delivered December 23, 2003.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

 
(DO NOT PUBLISH)