Roy E. Addicks, Jr. v. T.D.C.J., et al--Appeal from 87th District Court of Anderson County

NO. 12-08-00019-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

ROY E. ADDICKS, JR., APPEAL FROM THE 87TH

APPELLANT

V. JUDICIAL DISTRICT COURT OF

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

APPELLEES 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 August 16, 2007, and Appellant filed his notice of appeal on January 14, 2008. Under rule of appellate procedure 26.1(a), unless Appellant timely filed a motion for new trial or other postjudgment motion that extended the appellate deadlines, his notice of appeal was due to have been filed within 30 days after the judgment [was] signed, i.e., September 17, 2007.

Appellant filed a request for findings of fact and conclusions of law on August 31, 2007. A request for findings of fact and conclusion of law must be filed within twenty days after the judgment is signed. Tex. R. Civ. P. 296. Therefore, Appellant s request must have been filed on or before September 5, 2007. Because Appellant s request for findings of fact and conclusions of law was filed on August 31, 2007, the request was timely and extended the time for filing Appellant s notice of appeal to November 14, 2007. SeeTex. R. App. P. 26.1(a)(4) (notice of appeal due within ninety days after judgment signed when request for findings of fact and conclusions of law is timely filed).1 However, because Appellant s notice of appeal was filed on January 14, 2008, the notice was untimely filed and this court has no jurisdiction to consider the appeal.

On January 15, 2008, this court notified Appellant pursuant to Texas Rule of Appellate Procedure 42.3(a) that his notice of appeal was untimely. Appellant was further informed that unless the record was amended on or before January 25, 2008 to establish the jurisdiction of this court, the appeal would be dismissed. Appellant responded to this court s notice with an explanation of the circumstances that prevented his compliance with the prescribed deadlines. However, 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. Accordingly, the appeal is dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a).

Opinion delivered January 31, 2008.

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

(PUBLISH)

1 On October 22, 2007, Appellant filed a motion for reconsideration, which we construe as a motion for new trial. A motion for new trial must be filed within thirty days after the judgment is signed. Tex. R. Civ. P. 329b(a). The judgment in this case was signed on August 16, 2007. Therefore, the motion for new trial was untimely. Even if the motion for new trial had been timely, it would not have further extended Appellant s deadline for filing the notice of appeal.