NO. 12-07-00404-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
§ APPEAL FROM THE
IN THE INTEREST OF
§ COUNTY COURT AT LAW
C.M., A CHILD
§ HOUSTON 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 April 12, 2007. Under rule of appellate procedure 26.1(a), unless Appellant timely filed a motion for new trial or other postjudgment motion that extended the appellate deadlines, his notice of appeal was due to have been filed “within 30 days after the judgment [was] signed,” i.e., May 14, 2007.
Appellant filed his notice of appeal on October 31, 2007, but did not file a motion for new trial. Because the notice of appeal was not filed on or before May 14, 2007, the notice was untimely filed and this court has no jurisdiction to consider the appeal.
On October 31, 2007, this court notified Appellant pursuant to Texas Rule of Appellate Procedure 42.3(a) that his notice of appeal was untimely. Appellant was further informed that unless the record was amended on or before November 13, 2007 to establish the jurisdiction of this court, the appeal would be dismissed. This deadline has passed, and Appellant has neither shown the jurisdiction of this court or otherwise responded to its October 31, 2007 notice.1
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, the appeal is dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a).
Opinion delivered November 30, 2007.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(PUBLISH)
1 The materials received in this appeal include a copy of a letter to the Houston County District Clerk by which Appellant transmitted his notice of appeal and a request for findings of fact and conclusions of law. As a general rule, a request for findings of fact and conclusions of law must be filed within twenty days of the date the judgment was signed. Tex. R. Civ. P. 296. Appellant did not file his request within the prescribed time frame. In a contested child support case, the request for findings of fact and conclusions of law may be made orally during the hearing or in writing, filed not more than ten days after the hearing. Tex. Fam. Code Ann. § 154.130(a) (Vernon Supp. 2007). Because Appellant did not respond to our October 31, 2007 notice, we assume that this subsection is not applicable here.