Michael Kennedy v. T.D.C.J.-I.D., et al--Appeal from 87th District Court of Anderson County

NO. 12-05-00246-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MICHAEL KENNEDY, APPEAL FROM THE THIRD

APPELLANT

V. JUDICIAL DISTRICT COURT OF

T.D.C.J. I.D., ET AL.,

APPELLEES ANDERSON COUNTY, TEXAS

MEMORANDUM OPINION

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 May 6, 2005. 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., June 6, 2005. Appellant did not file a motion for new trial. Consequently, the time for perfecting Appellant s appeal was not extended. Tex. R. App. P. 26.1(a). Appellant filed a notice of appeal on July 28, 2005. However, because the notice of appeal was not filed on or before June 6, 2005, this Court has no jurisdiction to consider the appeal.

On August 9, 2005, 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 the record was amended before August 24, 2005 to establish the jurisdiction of this Court, the appeal would be dismissed. Appellant has neither responded to this Court s notice nor otherwise established the jurisdiction of this Court.

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 September 7, 2005.

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

(PUBLISH)