Barbara Jenkins v. Greyhound Lines, Inc. and All American International Security d/b/a All American Security--Appeal from 41st District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

BARBARA JENKINS,

Appellant,

v.

GREYHOUND LINES, INC. and

ALL AMERICAN INTERNATIONAL SECURITY d/b/a ALL AMERICAN SECURITY,

Appellees.

No. 08-06-00258-CV

Appeal from

41st District Court

of El Paso County, Texas

(TC # 2003-5596)

MEMORANDUM OPINION

Pending before the court is Appellees motion to dismiss for want of jurisdiction. Having determined that Appellant failed to timely file her notice of appeal, we grant the motion and dismiss the appeal for want of jurisdiction.

A civil appeal is perfected when the notice of appeal is filed. Tex.R.App.P. 26.1; see Restrepo v. First Nat l Bank of Dona Ana County, N.M., 892 S.W.2d 237, 238 (Tex.App.--El Paso 1995, no writ)(applying former Tex.R.App.P. 40(a)(1)). In a restricted appeal, the notice of appeal must be filed within six months after the judgment is signed. Tex.R.App.P. 26.1(c). The trial court entered its judgment on December 22, 2005. Therefore, Appellant s notice of appeal was due to filed no later than June 22, 2006. Appellant did not file her notice of restricted appeal until October 9, 2006. By letter dated October 9, 2006, the Court gave Appellant notice of our intent to dismiss this appeal. Tex.R.App.P. 42.3. The appeal is dismissed for want of jurisdiction.

November 30, 2006

ANN CRAWFORD McCLURE, Justice

Before Chew, C.J., McClure, and Carr, JJ.