In the Estate of Luticsha Martin--Appeal from County Court at Law No 3 of Smith County

NO. 12-06-00070-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

APPEAL FROM THE

IN THE ESTATE OF COUNTY COURT AT LAW NO. 3 OF

LUTICSHA MARTIN

SMITH COUNTY, TEXAS

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 November 29, 2005. Under rule of appellate procedure 26.1(a), unless Appellant timely filed a motion for new trial or other postjudgment motion that extended the appellate deadlines, his notice of appeal was due to have been filed within 30 days after the judgment [was] signed, i.e., December 29, 2005. Appellant filed a motion for new trial on February 28, 2006. However, Appellant s motion for new trial was untimely because it was filed more than thirty days after the judgment was signed. See Tex. R. Civ. P. 329b(a). Therefore, the motion for new trial did not extend the appellate deadlines. See Tex. R. App. P. 26.1(a)(1). Moreover, Appellant did not file a motion for extension of time to file his notice of appeal. See Tex. R. App. P. 26.3. Consequently, the time for perfecting Appellant s appeal was not extended. Tex. R. App. P. 26.1(a). Appellant filed his notice of appeal on February 28, 2006. Because the notice of appeal was not filed on or before December 29, 2005, this Court has no jurisdiction to consider the appeal.

On March 3, 2006, this Court notified Appellant pursuant to Texas Rule of Appellate Procedure 42.3(a) that his notice of appeal was untimely. Appellant was further informed that unless the record was amended on or before March 13, 2006 to establish the jurisdiction of this Court, the

appeal would be dismissed. The deadline has now expired, and Appellant has neither responded to our notice or shown the jurisdiction of this Court.

Because this Court is not authorized to extend the time for perfecting an appeal except as provided byTexas 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 March 15, 2006.

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

(PUBLISH)