Opinion issued July 31, 2008
In The
Court of Appeals
For The
First District of Texas
NO. 01–08–00276–CV
HAWA U. FOFANAH AND FODAY S. FOFANAH, Appellants
V.
CHRISTIANA BANK & TRUST COMPANY, AS OWNER TRUSTEE OF THE SECURITY NATIONAL FUNDING TRUST, Appellee
On Appeal from the County Court at Law
Ellis County, Texas
Trial Court Cause No. 07C4175
MEMORANDUM OPINIONAppellants Hawa U. Fofanah and Foday S. Fofanah appeal the trial court’s judgment granting appellee Christiana Bank & Trust Company, as Owner Trustee of the Security National Funding Trust, possession of certain real property and denying their appeal of the justice of the peace judgment evicting them from that real property. Because appellants did not timely file their notice of appeal, we dismiss the appeal for want of jurisdiction.
The trial court rendered a final judgment on December 19, 2007. Appellants timely filed a motion for new trial, thereby extending the appellate timetable and making their notice of appeal due 90 days later on March 18, 2008. See Tex. R. App. P. 26.1(a)(1). Appellants filed their notice of appeal on March 25, 2008, seven days after the filing deadline. Because appellants notice was untimely, the Clerk of this court notified appellants that their notice of appeal was untimely filed, that under Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997), a motion to extend time to file the notice of appeal is implied, but that under Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex. 1998), they still needed to provide a reasonable explanation for their late filing of their notice of appeal. Our Clerk’s notice gave appellants 20 days from the June 5, 2008 notice to provide a reasonable explanation for the late filing of the notice of appeal, advising that if no such explanation was given, the appeal was subject to dismissal by our court.
The deadline to provide the reasonable explanation for untimely filing the notice of appeal has passed, more than 10 days since the sending of the notice have passed, but we have received no response from appellants. We dismiss the appeal for want of jurisdiction. Tex. R. App. P. 42.3(a); Chilkewitz v. Winter, M.D., et al., 25 S.W.3d 382, 383 (Tex. App.—Fort Worth 2000, no pet.) (even though appellant filed his notice of appeal within 15 days after the deadline to file the notice of appeal, court dismissed the appeal for want of jurisdiction because, after notification to do so, appellant did not provide a reasonable explanation for untimely filing his notice of appeal).
All pending motions are denied.
PER CURIAM
Panel consists of Justices Taft, Jennings, and Bland.