EX PARTE TIMOTHY E. MASSEY (Other)

State: Texas

Docket No: WR-71,375-01

Case Date: 03/11/2009

Plaintiff: Jefferson Langston

Defendant: The State of Texas--Appeal from 362nd District Court of Denton County

Preview:In the Interest of J.M.U., A Minor Child--Appeal from 45th Judicial District Court of Bexar County
/**/ MEMORANDUM OPINION

No. 04-05-00107-CV

IN THE INTEREST OF J.M.U.

From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2004-CI-03310 Honorable Michael P. Peden, Judge Presiding

PER CURIAM Sitting: Alma L. L pez, Chief Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Delivered and Filed: March 30, 2005

DISMISSED FOR LACK OF JURISDICTION

The trial court signed a final judgment on June 14, 2004. Appellant filed a Notice of Appeal, Or Notice of Restricted Appeal on February 18, 2005. Generally, a notice of appeal must be filed within 30 days after the order or judgment is signed, or within 90 days if certain exceptions apply. See Tex. R. App. P. 26.1. If other conditions are met, an appellant may file a restricted appeal within six months after the judgment or order is signed. See Tex. R. App. P. 26.1(c); 30. It thus appears appellant s notice of appeal was untimely because it was filed more than six months after June 14, 2004. Therefore, on March 1, 2005, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a). Appellant responded on March 16, 2005. However, appellant s response does not explain any jurisdictional grounds for appellant s untimely appeal. This court is without jurisdiction to consider this appeal, because of the untimely notice of appeal. See Tex. R. App. P. 26.1. Accordingly, this appeal is dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a).

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PER CURIAM

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