William M. House v. State

MARY'S OPINION HEADING

                                                NO. 12-07-00120-CV

 

IN THE COURT OF APPEALS

 

TWELFTH COURT OF APPEALS DISTRICT

 

TYLER, TEXAS

WILLIAM M. HOUSE,         §                      APPEAL FROM THE

APPELLANT

 

V.        §                      COUNTY COURT OF

 

THE STATE OF TEXAS,

APPELLEE   §                      HENDERSON 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).  On March 26, 2007, pursuant to Texas Rule of Appellate Procedure 37.1, this court notified Appellant that his notice of appeal was not filed within the time allowed by Texas Rule of Appellate Procedure 26.1 and that there was no timely motion for an extension of time filed as permitted by Rule 26.3.  Appellant was further notified that the appeal would be dismissed unless the information received in this appeal was amended, on or before April 5, 2007, to show the jurisdiction of this court.

            In his initial response to our March 26, 2007 notice, Appellant furnished a copy of a document entitled “Motion for New Trial,” which was filed in the trial court.  In the motion, Appellant alleged that he did not receive timely notice of the judgment signed on October 30, 2006 and requested the trial court to enter a corrected judgment pursuant to Texas Rule of Civil Procedure 306a.  However, in a second response dated May 1, 2007, Appellant informed this court that his notice of appeal was not timely filed.  Because Appellant’s notice of appeal was untimely, we dismiss the appeal for want of jurisdiction.  See Tex. R. App. P.  42.3(a).


            Opinion delivered May 9, 2007.

            Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(PUBLISH)