COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-08-448-CV
$7616 IN U.S. CURRENCY AND APPELLANT
ONE SUITCASE
V.
THE STATE OF TEXAS STATE
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FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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Appellant Raymond Joseph Serrano attempts to appeal the trial court’s
judgment, entered in the State’s favor after a civil forfeiture hearing. 2 Because
1
… See Tex. R. App. P. 47.4.
2
… See State v. $7,616.00 in U.S. Currency & One Suitcase, No. S-5908
(372nd Dist. Ct., Tarrant County, Tex. Feb. 18, 2000).
Serrano’s notice of appeal was untimely filed, we dismiss the appeal for want
of jurisdiction.
The trial court signed the judgment at issue on February 18, 2000.
Accordingly, Serrano’s notice of appeal was due within thirty days of February
18, 2000. See Tex. R. App. P. 26.1 (providing that the notice of appeal must
be filed within thirty days after the judgment is signed).3 Serrano filed his
notice of appeal on November 10, 2008.
Because Serrano’s notice of appeal appeared to be untimely filed, we
notified him on November 26, 2008, of our concern that this court might not
have jurisdiction over his appeal. We informed him that unless he or any party
desiring to continue the appeal filed with the court, on or before Monday,
December 8, 2008, a response showing grounds for continuing the appeal, this
appeal would be dismissed for want of jurisdiction. See Tex. R. App. P.
42.3(a), 44.3.
Serrano filed a response on December 10, 2008, but he failed to show
any grounds for continuing the appeal. Times for filing a notice of appeal are
mandatory and jurisdictional, and absent a timely filed notice of appeal or
3
… There are exceptions to the thirty-day requirement, but none apply
here. See Tex. R. App. P. 26.1(a)(1)–(4), 26.1(c), 26.3, 30.
2
extension request, we must dismiss the appeal.4 See Tex. R. App. P. 25.1(b),
26.1, 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Because
Serrano’s notice of appeal was not timely filed, we dismiss his appeal for want
of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
PER CURIAM
PANEL: MCCOY, J.; CAYCE, C.J.; and LIVINGSTON, J.
DELIVERED: January 8, 2009
4
… In his response, Serrano requested a thirty-day extension to secure a
copy of the rules of appellate procedure so that he could proceed pro se with
his appeal. Had we granted Serrano such an extension, this dismissal still
would have resulted, as he filed his notice of appeal over seven years late.
3