Samuel C. Perkins v. Barbara J. Petite Appeal from 407th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-16-00440-CV Samuel C. PERKINS, Appellant v. Barbara J. PETITE, Appellee From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2016CI02994 Honorable Solomon Casseb III, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice Delivered and Filed: October 26, 2016 DISMISSED FOR WANT OF JURISDICTION Appellant Samuel C. Perkins is an inmate representing himself in a civil lawsuit. Although the clerk’s record has not been filed, our records indicate the trial court signed the complained of judgment on April 25, 2015, but no motion for new trial, motion to modify, correct, or reform the judgment, or other post-judgment motion extending the deadline to file a notice of appeal was filed. See TEX. R. CIV. P. 329b(a). Appellant’s notice of appeal was due on May 25, 2016. See TEX. R. APP. P. 26.1(a). A motion for extension of time was due not later than June 9, 2016. See 04-16-00440-CV id. R. 26.3. Appellant’s notice of appeal was filed on July 5, 2016. See generally Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). On September 8, 2016, we advised Appellant that a timely notice of appeal is necessary to invoke this court’s appellate jurisdiction. See TEX. R. APP. P. 25.1(b). See generally Verburgt, 959 S.W.2d at 617. We ordered Appellant to show cause in writing to this court by September 29, 2016, why this appeal should not be dismissed for want of jurisdiction. We warned Appellant that if he failed to respond within the time provided, the appeal would be dismissed. See TEX. R. APP. P. 42.3. To date, Appellant has filed no response to our September 8, 2016 order. Therefore, this appeal is dismissed for want of jurisdiction. See id. PER CURIAM -2-

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