Violet Murphy v. Douglas B. Ferguson, M.D., and Thomas Brian White, M.D.--Appeal from 19th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-08-00048-CV

Violet Murphy,

Appellant

v.

Douglas B. Ferguson, M.D., and

Thomas Brian White, M.D.,

Appellees

From the 19th District Court

McLennan County, Texas

Trial Court No. 2007-1443-1

MEMORANDUM Opinion

Violet Murphy appeals the dismissal of her suit against Douglas Ferguson, M.D. and Thomas White, M.D. According to Appellant, the judgment was signed on September 26, 2007 and a motion for new trial was filed on October 26, 2007. The notice of appeal was, therefore, due to be filed on December 26, 2007. Tex. R. App. P. 26.1(a). Appellant s notice of appeal was not filed until February 8, 2008, 44 days late. A motion for extension of time to file the notice of appeal was filed but it was not filed within 15 days of the date the notice of appeal was due. Tex. R. App. P. 26.3.

By letter, the Clerk of this Court notified Murphy that the appeal was subject to dismissal for want of jurisdiction because the notice of appeal appeared untimely. The Clerk also warned Murphy that her appeal may be dismissed unless, within 21 days from the date of the letter, Murphy filed a response showing grounds for continuing the appeal. Murphy filed a response but did not provide us with any means to assert our jurisdiction over this appeal.

Accordingly, Murphy s motion for extension of time to file her notice of appeal is denied, and this appeal is dismissed.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Motion denied

Appeal dismissed

Opinion delivered and filed March 19, 2008

[CV06]