11th Court of Appeals
Eastland, Texas
Memorandum Opinion
Mona Hinton
Appellant
Vs. No. 11-03-00138-CV B Appeal from Dallas County
The State Fair of Texas
Appellee
The trial court signed the summary judgment on March 5, 2003. A motion for new trial was not filed. Appellant filed her notice of appeal on April 8, 2003, 34 days after the judgment was signed. A motion for extension of time in which to perfect an appeal has not been filed. On May 12, 2003, appellee filed a motion to dismiss for want of jurisdiction. Although this court requested a response, appellant has not responded to appellee=s motion.
The notice of appeal is not timely under TEX.R.APP.P. 26.1. Not only was a motion for extension of time not filed within the prescribed 15-day time period pursuant to TEX.R.APP.P. 26.3, but also appellant has at no time provided a reasonable explanation for her failure to timely file her notice of appeal. Verburgt v. Dorner, 959 S.W.2d 615 (Tex.1997).
Appellee=s motion to dismiss is granted, and the appeal is dismissed for want of jurisdiction. TEX.R.APP.P. 25.1, 26.1, and 42.3.
PER CURIAM
June 5, 2003
Panel consists of: Arnot, C.J., and
Wright, J., and McCall, J.