Dana S. Whitaker and Diana L. Whitaker v. Ronald J. Bostic--Appeal from County Court at Law No. 2 of Dallas County

11th Court of Appeals

Eastland, Texas

Memorandum Opinion

Dana S. Whitaker and Diana L. Whitaker

Appellants

Vs. No. 11-05-00141-CV -- Appeal from Dallas County

Ronald J. Bostic

Appellee

On August 27, 2004, the trial court signed an order granting Ronald J. Bostic s motion for summary judgment and entered judgment that Dana S. Whitaker and Diana L. Whitaker take nothing on each of their claims against Bostic. The Whitakers timely filed a motion for new trial on September 24, 2004. The Whitakers filed a notice of appeal on January 5, 2005, 131 days after the date the judgment was signed.

On May 9, 2005, the clerk of this court wrote the parties and advised them that the notice of appeal did not appear to be timely. Our May 9 letter requested that appellants reply on or before May 24, 2005, showing grounds for continuing the appeal. On May 12, 2005, appellee s motion to dismiss for want of jurisdiction was filed in this court.

In order to timely perfect an appeal, the notice of appeal was due to be filed within 90 days of the signing of the judgment. TEX.R.APP.P. 26.1(a). A motion to extend time has not been filed, and the notice of appeal was not filed within 15 days of the due date. TEX.R.APP.P. 26.3; Verburgt v. Dorner, 959 S.W.2d 615 (Tex.1997). Therefore, appellants have not properly perfected this appeal.

Appellee s motion is granted, and the appeal is dismissed for want of jurisdiction.

PER CURIAM

May 26, 2005

Not designated for publication. See TEX.R.APP.P. 47.2(a).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.