In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-08-00011-CV
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GREGORY LEWIS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 102nd Judicial District Court
Bowie County, Texas
Trial Court No. 04C0902-102
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
Appellant, Gregory Lewis, filed a notice of appeal December 13, 2007, from the trial court's
December 5, 2007, denial of his motion to rescind an order of forfeiture, requesting the trial court
rescind its April 5, 2007, order.
The trial court's denial of Lewis' motion to rescind does not constitute a final, appealable
order. Unless otherwise statutorily authorized, an appeal may be made only from a final judgment.
See TEX . CIV . PRAC. & REM . CODE ANN . § 51.012 (Vernon 1997), § 51.014 (Vernon Supp. 2007).
If we treat Lewis' appeal as a normal appeal of the April 5, 2007, order, it is too late. See
TEX . R. APP . P. 26.1.1 Even if the Court treats this matter as an attempted restricted appeal of the
April 5, 2007, judgment, the notice of appeal is untimely. A notice of restricted appeal must be filed
within six months after the judgment is signed. TEX . R. APP . P. 26.1(c). Lewis filed his notice of
appeal on December 13, 2007, well outside the allowed six-month period. Further, we note that the
procedure available to extend certain deadlines when a party proves late notice of judgment is not
available to extend the time to perfect a restricted appeal. TEX . R. CIV . P. 306a; TEX . R. APP . P.
4.2(a)(2).
1
The deadline to file a notice of appeal is thirty days after the judgment is signed, unless an
exception applies. No exception appears here.
2
Accordingly, we dismiss this appeal for want of jurisdiction.
Josh R. Morriss, III
Chief Justice
Date Submitted: January 29, 2008
Date Decided: January 30, 2008
3