COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-08-143-CV
CHARLES HENRY MYERS APPELLANT
V.
DISMANTLER’S 2000 APPELLEE
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FROM THE 96TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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Appellant Charles Henry Myers is attempting to appeal from the trial
court’s order dismissing his claims for lack of prosecution. The trial court
signed the order on December 10, 2007. Appellant filed an untimely motion to
reinstate on January 23, 2008. Therefore, Appellant’s notice of appeal was
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… See T EX. R. A PP. P. 47.4.
due January 9, 2008, see T EX. R. A PP. P. 26.1, but was not filed until April 7,
2008.
On April 8, 2008, we notified appellant of our concern that the court may
not have jurisdiction over the case because the notice of appeal was not timely
filed. We informed appellant that the appeal was subject to dismissal for want
of jurisdiction unless he or any party desiring to continue the appeal filed a
response showing grounds for continuing the appeal. Appellant filed a
response, but his response does not show grounds for continuing the appeal.
The times for filing a notice of appeal are jurisdictional in this court, and
absent a timely filed notice of appeal or extension request, we must dismiss the
appeal. See T EX. R. A PP. P. 2, 25.1(b); Verburgt v. Dorner, 959 S.W.2d 615,
617 (Tex. 1997). Accordingly, we dismiss the appeal for want of jurisdiction.
See T EX. R. A PP. P. 42.3(a), 43.2(f).
PER CURIAM
PANEL D: GARDNER, WALKER, and MCCOY, JJ.
DELIVERED: May 22, 2008
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