Eric Ian McGinnis v. Misty L. Stevenson--Appeal from 66th District Court of Hill County

State: Texas

Court: Texas Northern District Court

Docket No: 10-04-00294-CV

Case Date: 11/09/2005

Plaintiff: Aaron Wayne Waller

Defendant: The State of Texas--Appeal from 273rd District Court of Shelby County

Preview:Eric Ian McGinnis v. Misty L. Stevenson--Appeal from
66th District Court of Hill County
IN THE
TENTH COURT OF APPEALS
No. 10-04-00294-CV
Eric Ian McGINNIS,
Appellant
v.
Misty L. Stevenson,
Appellee
From the 66th District Court
Hill County, Texas
Trial Court No. 41549
MEMORANDUM Opinion
McGinnis brings this attempted restricted appeal of a protective order. See Tex. R. App. P. 26.1(c), 30; Tex. Fam.
Code Ann. 71.001-85.065 (Vernon 2002 & Supp. 2005). We dismiss.
A party who did not participate either in person or through counsel in the hearing that resulted in the judgment
complained of and who did not timely file a post-judgment motion or request for findings of fact and conclusions of
law, or an otherwise timely notice of appeal, may file a notice of appeal within six months after the judgment is
signed. Tex. R. App. P. 30; see id. 26.1; Alexander v. Lynda s Boutique, 134 S.W.3d 845, 848 (Tex. 2004); accord
Gold v. Gold, 145 S.W.3d 212, 213 (Tex. 2004) (per curiam). An attempted restricted appeal by a party that timely
filed a post-judgment motion should be dismissed for want of jurisdiction. See S.P. Dorman Exploration Co. v.
Mitchell Energy Co., 71 S.W.3d 469, 470 (Tex. App. Waco 2002, no pet.) (mem. op.) (per curiam).
Nine days after the trial court signed the protective order, McGinnis filed a post-judgment Motion to Review and
Transfer Protective Order. Accordingly, we dismiss McGinnis s attempted appeal.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
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Justice Vance, and
Justice Reyna
(Justice Vance concurs without a separate opinion)
Appeal dismissed
Opinion delivered and filed November 9, 2005
[CV06]
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