Leslie Rainey v. Fairway Ford d/b/a Fairway Ford, Ford Motor Company d/b/a Ford and Prestige Ford Company, Limited Partnership d/b/a Prestige Ford--Appeal from 7th District Court of Smith County

NO. 12-04-00171-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

LESLIE RAINEY, APPEAL FROM THE 7TH

APPELLANT

V. JUDICIAL DISTRICT COURT OF

FAIRWAY FORD D/B/A FAIRWAY FORD

MOTOR COMPANY D/B/A FORD AND

PRESTIGE FORD COMPANY, SMITH COUNTY, TEXAS

LIMITED PARTNERSHIP D/B/A

PRESTIGE FORD,

APPELLEES

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of jurisdiction pursuant to Texas Rule of Appellate Procedure 42.3(a). The trial court s judgment was signed on March 29, 2004. Under rule of appellate procedure 26.1(a), unless Appellant timely filed a motion for new trial or other post- judgment motion which extended the appellate deadlines, his notice of appeal was due to have been filed within 30 days after the judgment [was] signed. Appellant filed no such motion; consequently, the time for perfecting Appellant s appeal was not extended. Tex. R. App. P. 26.1(a). Therefore, Appellant s notice of appeal was due on or before April 28, 2004. Appellant filed his notice of appeal on May 3, 2004. Because the notice of appeal was not filed on or before April 28, 2004, this Court has no jurisdiction to consider the appeal.

On June 7, 2004, this Court notified Appellant pursuant to rule of appellate procedure 42.3(a) that his notice of appeal was untimely, and it informed him that unless on or before June 7, 2004 the record was amended to establish the jurisdiction of this Court, the appeal would be dismissed. Appellant has neither responded to this Court s dismissal notice nor established this Court s jurisdiction.

Because this Court is not authorized to extend the time for perfecting an appeal except as provided by Texas Rules of Appellate Procedure 26.1 and 26.3, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

Opinion delivered June 23, 2004.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)

//

COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JUNE 23, 2004

NO. 12-04-00171-CV

LESLIE RAINEY,

Appellant

V.

FORD MOTOR COMPANY D/B/A

FAIRWAY FORD, FORD MOTOR COMPANY

D/B/A FORD AND PRESTIGE FORD COMPANY,

LIMITED PARTNERSHIP D/B/A PRESTIGE FORD

Appellees

Appeal from the 7th Judicial District Court

of Smith County, Texas. (Tr.Ct.No.01-0963-A)

THIS CAUSE came to be heard on the appellate record; and the same being inspected, it is this Court s opinion that it is without jurisdiction over the appeal, and that the appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by the court that this appeal be, and the same is, hereby Dismissed for Want of Jurisdiction, that Appellant, Leslie Rainey, pay all costs of this appeal, and this decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

THE STATE OF TEXAS

M A N D A T E

TO THE 7TH JUDICIAL DISTRICT COURT OF SMITH COUNTY, GREETINGS:

Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 23rd day of June, 2004, the cause upon appeal to revise or reverse your judgment between

LESLIE RAINEY, Appellant

NO. 12-04-00171-CV and Tr. Ct. Case Number 01-0963-A

Opinion by Per Curiam.

FAIRWAY FORD D/B/A FAIRWAY FORD,

FORD MOTOR COMPANY D/B/A FORD AND PRESTIGE FORD

COMPANY, LIMITED PARTNERSHIP D/B/A PRESTIGE FORD, Appellees

was determined; and therein our said Court made its order in these words:

THIS CAUSE came to be heard on the appellate record; and the same being inspected, it is this Court s opinion that it is without jurisdiction over the appeal, and that the appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by the court that this appeal be, and the same is, hereby Dismissed for Want of Jurisdiction, that Appellant, Leslie Rainey, pay all costs of this appeal, and this decision be certified to the court below for observance.

WHEREAS, YOU ARE HEREBY COMMANDED to observe the foregoing order of said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.

WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of said Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ______ day of __________________, 200_.

CATHY S. LUSK, CLERK

By:_______________________________

Deputy Clerk