Eric Ian McGinnis v. Misty L. Stevenson--Appeal from 66th District Court of Hill County

IN THE

TENTH COURT OF APPEALS

No. 10-04-00294-CV

Eric Ian McGINNIS,

Appellant

v.

Misty L. Stevenson,

Appellee

From the 66th District Court

Hill County, Texas

Trial Court No. 41549

MEMORANDUM Opinion

McGinnis brings this attempted restricted appeal of a protective order. See Tex. R. App. P. 26.1(c), 30; Tex. Fam. Code Ann. 71.001-85.065 (Vernon 2002 & Supp. 2005). We dismiss.

A party who did not participate either in person or through counsel in the hearing that resulted in the judgment complained of and who did not timely file a post-judgment motion or request for findings of fact and conclusions of law, or an otherwise timely notice of appeal, may file a notice of appeal within six months after the judgment is signed. Tex. R. App. P. 30; see id. 26.1; Alexander v. Lynda s Boutique, 134 S.W.3d 845, 848 (Tex. 2004); accord Gold v. Gold, 145 S.W.3d 212, 213 (Tex. 2004) (per curiam). An attempted restricted appeal by a party that timely filed a post-judgment motion should be dismissed for want of jurisdiction. See S.P. Dorman Exploration Co. v. Mitchell Energy Co., 71 S.W.3d 469, 470 (Tex. App. Waco 2002, no pet.) (mem. op.) (per curiam).

Nine days after the trial court signed the protective order, McGinnis filed a post-judgment Motion to Review and Transfer Protective Order. Accordingly, we dismiss McGinnis s attempted appeal.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Justice Vance concurs without a separate opinion)

Appeal dismissed

Opinion delivered and filed November 9, 2005

[CV06]