Debra Karen Arnold v. Robert Vernon Arnold

Debra Karen Arnold v. Robert Vernon Arnold






IN THE

TENTH COURT OF APPEALS


No. 10-03-360-CV


     DEBRA KAREN ARNOLD,

                                                                              Appellant

     v.


     ROBERT VERNON ARNOLD,

                                                                              Appellee


From the 378th District Court

Ellis County, Texas

Trial Court # 63988D

                                                                                                                

MEMORANDUM OPINION

                                                                                                                

      The trial court signed the divorce decree in the above cause on June 11, 2003. Appellant timely filed a motion for new trial on July 9. Therefore, the notice of appeal was due on September 9. See Tex. R. App. P. 25.2(a)(1). However, Appellant did not file the notice of appeal until October 7.

      The Clerk of this Court sent the following notice to Appellant by letter dated November 7:

Pursuant to Rules 42.3 and 44.3 of the Texas Rules of Appellate Procedure, you are notified that this cause is subject to dismissal for want of jurisdiction because it appears the notice of appeal is untimely.

 

Therefore, the Court may dismiss this appeal unless, within ten days of the date of this letter, a response is filed showing grounds for continuing the appeal.


      No response has been filed. Accordingly, the appeal is dismissed for want of jurisdiction. Costs are taxed against Appellant. Id. 43.4.

 

                                                                   PER CURIAM


Before Chief Justice Gray,

      Justice Vance, and

      Judge Strother (Sitting by Assignment)

Appeal dismissed for want of jurisdiction

Opinion delivered and filed December 31, 2003

[CV06]