Margarita Rodriguez v. USS of Texas, Inc.--Appeal from County Court at Law No 2 of Smith County

NO. 12-06-00372-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MARGARITA RODRIGUEZ, APPEAL FROM THE

APPELLANT

V. COUNTY COURT AT LAW NO. 2 OF

USS OF TEXAS, INC.,

APPELLEE SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

On October 31, 2006, Appellant Margarita Rodriguez filed a notice of appeal from a judgment signed on May 8, 2006. In her notice of appeal, she stated that she did not receive notice of the judgment until August 4, 2006 and timely filed a motion for new trial on September 5, 2006. On October 31, 2006, we notified Appellant that compliance with Texas Rule of Appellate Procedure 4.2(c) was required to establish the date she received notice or actual knowledge that the judgment was signed. Appellant was further notified that the appeal would be dismissed unless, on or before November 30, 2006, she provided a file marked copy of the trial court s order establishing the date she received notice or actual knowledge of the signed judgment. On November 13, 2006, Appellant provided this Court a copy of an order signed by the trial court on October 17, 2006, which included a finding that Appellant s attorney received notice of the judgment on May 8, 2006.

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, her notice of appeal was due to have been filed within 30 days after the judgment [was] signed, i.e., June 7, 2006. Appellant did not file a timely motion for new trial or other postjudgment motion that extended the appellate deadlines. Moreover, Appellant did not file a motion for extension of time to file her notice of appeal. See Tex. R. App. P. 26.3. Consequently, the time for perfecting Appellant s appeal was not extended. See Tex. R. App. P. 26.1(a). Appellant filed her notice of appeal on October 31, 2006. Because the notice of appeal was not filed on or before June 7, 2006, this Court has no jurisdiction to consider the appeal.

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 November 15, 2006.

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

(PUBLISH)