IN THE
TENTH COURT OF APPEALS
No. 10-08-00326-CV
LAWRENCE EDWARD THOMPSON,
Appellant
v.
WHITNEY FRANKS, ET AL,
Appellee
From the 12th District Court
Walker County, Texas
Trial Court No. 19,542
MEMORANDUM OPINION
The trial court signed an order dismissing this case for want of prosecution on
June 13, 2005. Appellant filed a “request for the record” on February 16, 2006,
requesting a copy of the record to pursue a bill of review and alleging that he did not
receive notice of the June 13, 2005 dismissal order until January 2006. No motion under
Rule of Civil Procedure 306a(4), (5) was filed, and no timely notice of appeal was filed
as to the June 13, 2005 dismissal order. See TEX. R. CIV. P. 306a(4), (5); TEX. R. APP. P.
26.1(a), (c). The clerk’s record does not contain a reinstatement order.
Thereafter, the trial court signed a second order dismissing this case for want of
prosecution on August 25, 2008, and Appellant filed his notice of appeal as to that
dismissal order on September 9, 2008.
The trial court’s plenary power over the June 13, 2005 dismissal order had
expired before the August 25, 2008 dismissal order was signed. See TEX. R. CIV. P.
329b(d), (e). We notified Appellant by letter that it appeared that we lack jurisdiction
over this appeal because a timely notice of appeal was not filed as to the June 13, 2005
dismissal order. See TEX. R. APP. P. 26.1(a), (c). We further notified Appellant that we
might dismiss the appeal for want of jurisdiction unless we received a response
showing grounds for continuing the appeal. Appellant has not responded.
We dismiss this appeal for lack of jurisdiction. TEX. R. APP. P. 42.3(a).
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Dismissed
Opinion delivered and filed June 24, 2009
[CV06]
Thompson v. Franks Page 2