Mona Hinton v. State

                                                             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.