Shawn Corrigan v. Brandi Corrigan--Appeal from 77th District Court of Freestone County

IN THE

TENTH COURT OF APPEALS

No. 10-00-058-CV

IN THE MATTER OF THE MARRIAGE OF

BRANDI CORRIGAN

AND

SHAWN CORRIGAN

From the 77th District Court

Limestone County, Texas

Trial Court # 99-151-A

MEMORANDUM OPINION

Brandi Corrigan initiated divorce proceedings against her husband, Shawn, in the 77th District Court of Freestone County. The trial court signed a final decree of divorce on October 28, 1999. Shawn filed a pro se motion for new trial on November 8, 1999. He had ninety days to file his notice of appeal; however, he filed his notice of appeal on January 31, 2000, ninety-five days after the final decree of divorce was signed. See Tex. R. App. P. 26.1(a)(1). Shawn did not request an extension of time to file his notice of appeal. See id. 26.3.

On March 16, 2000, we notified the parties to this action that we believed Shawn s notice of appeal was untimely and that the appeal would be dismissed unless, within ten days, either party filed a response reasonably explaining the untimeliness of the notice of appeal. Id. 42.3; see also Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (motion for extension of time necessarily implied when appellant acting in good faith files appeal bond within 15-day extension period). Neither party has responded to our request. Therefore, we dismiss Shawn s appeal for want of jurisdiction because his notice of appeal was filed late and no reasonable explanation was offered as to why the notice was filed late. Tex. R. App. P. 42.3; see Coronado v. Farming Technology, Inc., 994 S.W.2d 901 (Tex. App. Houston [1st Dist.] 1999, order).

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed

Opinion delivered and filed April 12, 2000

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