NO. 07-08-0039-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
FEBRUARY 11, 2008
______________________________
FIVE THOUSAND FOUR HUNDRED FIFTY-NINE DOLLARS ($5,459.00),
Appellant
V.
THE STATE OF TEXAS,
Appellee
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FROM THE 47th DISTRICT COURT OF POTTER COUNTY;
NO. 95,419-A; HON. HAL MINER, PRESIDING
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MEMORANDUM OPINION
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Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Appellant Jerome Howe filed a notice of appeal on January 14, 2008, from a final
summary judgment signed on October 1, 2007. No motion for new trial or like request
extending the appellate deadline was filed. Consequently, appellant had until October 31,
2007, to file a notice of appeal. He did not do so. Thereafter, we afforded him opportunity
to explain why his notice was untimely and why we had jurisdiction over the appeal. This
resulted in his response informing us that the district clerk did not notify him of the
summary judgment until December 6, 2007. Why he did not perfect his appeal within 30
days of December 6th went unexplained, however. Moreover, the allegations in his
response did not satisfy the requirements of Texas Rule of Civil Procedure 306a(4), which
rule permits the belated perfection of an appeal when neither the litigant or his counsel
garnered notice or knowledge of the final judgment. See TEX . R. CIV. P. 306a(5)
(prescribing the steps that must be satisfied to obtain the benefits of Rule 306a(4)). Given
these circumstances, we cannot but conclude that we lack jurisdiction over the appeal.
Thus, it is dismissed.
Per Curiam
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