Angela Scott v. Blackmon-Mooring Steamatic of Texas, Inc.

 

 

 

 

 

 

                                      COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

 

 

                                        NO. 2-08-050-CV

 

 

ANGELA SCOTT                                                                  APPELLANT

 

                                                   V.

 

BLACKMON-MOORING STEAMATIC                                          APPELLEE

OF TEXAS, INC.                                                                                 

 

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           FROM THE 236TH DISTRICT COURT OF TARRANT COUNTY

 

                                              ------------

 

                                MEMORANDUM OPINION[1]

                                                   

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On February 11, 2008, we notified Appellant that we were concerned this court may not have jurisdiction over this appeal because it appeared that her notice of appeal was not timely filed.[2]  We stated that the appeal might be dismissed for want of jurisdiction unless Appellant or any party desiring to continue the appeal filed with the court a response showing grounds for continuing the appeal.  See Tex. R. App. P. 42.3(a), 44.3.  We have received no response to our jurisdiction letter, and neither the trial court nor this court has received an amended notice of appeal.

The trial court=s final judgment that Appellant take nothing from Appellee Blackmon-Mooring Steamatic of Texas, Inc. was signed on October 26, 2007.  Appellant then filed a motion for new trial on November 26, 2007, which extended the appellate deadline for filing a notice of appeal until January 24, 2008.  See Tex. R. App. P. 26.1(a).  However, Appellant did not file her notice of appeal until February 8, 2008.

The time for filing a notice of appeal is jurisdictional in this court, and absent a timely-filed notice of appeal or extension request, we must dismiss the appeal.  See Tex. R. App. P. 2, 25.1(b), 26.3; Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex. 1998); Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997); Chilkewitz v. Winter, 25 S.W.3d 382, 383-84 (Tex. App.CFort Worth 2000, no pet.).

Accordingly, we dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a), 43.2(f).

PER CURIAM

 

PANEL D:   WALKER, J.; CAYCE, C.J.; and MCCOY, J.

 

DELIVERED: April 17, 2008



[1]See Tex. R. App. P. 47.4.

[2]Also on February 11, 2008, we notified Appellant Angela Scott that her notice of appeal was defective because it did not contain a complete list of all parties and because there was not proof of service on all parties.