NO. 12-05-00330-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
GREGORY ALLEN THOMAS, § APPEAL FROM THE
APPELLANT
V. § COUNTY COURT AT LAW OF
T.D.C.J.–I.D.,
APPELLEE § ANDERSON COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for want of jurisdiction pursuant to Texas Rule of Appellate Procedure 42.3(a). The trial court’s judgment was signed on August 11, 2005. Under rule of appellate procedure 26.1(a), unless Appellant timely filed a motion for new trial or other postjudgment motion which extended the appellate deadlines, his notice of appeal was due to have been filed “within 30 days after the judgment [was] signed,” i.e., September 12, 2005. Appellant did not file any postjudgment motion that extended the appellate deadlines. Consequently, the time for perfecting Appellant’s appeal was not extended. See Tex. R. App. P. 26.1(a). Nevertheless, Appellant filed a notice of appeal on October 12, 2005. Because the notice of appeal was not filed on or before September 12, 2005, this Court has no jurisdiction to consider the appeal.
On October 12, 2005, this Court notified Appellant pursuant to Texas Rule of Appellate Procedure 42.3(a) that his notice of appeal was untimely, and it informed him that unless, on or before October 27, 2005, the record was amended to establish the jurisdiction of this Court, the appeal would be dismissed. In response to our notice, Appellant filed an amended notice of appeal. However, the information contained in the amended notice of appeal does not establish the jurisdiction of this Court.
Because this Court is not authorized to extend the time for perfecting an appeal except as provided by Texas Rules of Appellate Procedure 26.1 and 26.3, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).
Opinion delivered October 31, 2005.
Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.
(DO NOT PUBLISH)