Ronald Calloway v. Mother Frances Hospital Regional Healthcare Center--Appeal from 7th District Court of Smith County

NO. 12-07-00148-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

RONALD CALLOWAY, APPEAL FROM THE SEVENTH

APPELLANT

V. JUDICIAL DISTRICT COURT OF

MOTHER FRANCES HOSPITAL

REGIONAL HEALTHCARE CENTER,

APPELLEE 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 December 13, 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, his notice of appeal was due to have been filed within 30 days after the judgment [was] signed, i.e., January 12, 2007. Appellant did not file a 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 his notice of appeal. See Tex. R. App. P. 26.3. Consequently, the time for perfecting the appeal was not extended. Tex. R. App. P. 26.1(a). Appellant filed his notice of appeal on April 16, 2007. Because the notice of appeal was not filed on or before January 12, 2007, this court has no jurisdiction to consider the appeal.

On April 19, 2007, 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 April 30, 2007 to establish the jurisdiction of this court, the appeal would be dismissed. On April 27, 2007, Appellant requested an extension of time to investigate what the dismissal was about. However, Appellant did not furnish any information showing the jurisdiction of this court as required by our April 19, 2007 notice. 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, Appellant s motion for extension of time is overruled and the appeal is dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a).

Opinion delivered May 9, 2007.

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

(PUBLISH)