TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-99-00096-CV
Billy Wayne Green, Appellant
v.
James Collins, Appellee
NO. 95-03399, HONORABLE MARGARET A. COOPER, JUDGE PRESIDING
Because appellant Billy Wayne Green's notice of appeal was not timely filed, we will dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 26.1(a)(3).
Appellant filed a timely motion to reinstate in the trial court. The time to perfect appeal was automatically extended to ninety days after the trial court's November 9, 1998, judgment, or February 8, 1999. See id. A motion to extend the time to perfect appeal was due in this Court within fifteen days thereafter. See id. 26.3. The Notice of Appeal was not filed until March 2, 1999.
By letter dated March 10, 1999, the Clerk of this Court informed all parties that the Notice of Appeal did not appear to have been timely filed, and offered appellant the opportunity to tender a motion supported by proof of appellant's good faith and provide a reasonable explanation for filing the notice of appeal late by March 25, 1999. Otherwise, the appeal could be dismissed. See id. 42.3.
Appellant filed Appellant's Motion to Permit the Act to be Done, together with Appellant's Motion to File Single Copy of Motion to Permit the Act to be Done, on March 24, 1999. Appellant's Motion to Permit the Act to be Done fails to show proof of timely mailing the notice of appeal pursuant to Texas Rule of Civil Procedure 5. See also Tex. R. App. P. 9.2(b). Furthermore, appellant fails to provide a reasonable explanation for filing the notice of appeal late.
Accordingly, we overrule the Appellant's Motion to Permit the Act to be Done, and dismiss this appeal for want of jurisdiction. Appellant's Motion to File Single Copy of Motion to Permit the Act to be Done is dismissed as moot.
Before Chief Justice Aboussie, Justices Kidd and Patterson
Dismissed for Want of Jurisdiction
Filed: April 8, 1999
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