NO. 12-06-00430-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
ESEQUIEL RODRIGUEZ, § APPEAL FROM THE SECOND
APPELLANT
V. § JUDICIAL DISTRICT COURT OF
S. HOGAN STRIPLING,
APPELLEE § CHEROKEE 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 8, 2006. 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., September 7, 2006. Appellant filed a motion for new trial. Consequently, his notice of appeal was due to have been filed “within 90 days after the judgment [was] signed,” i.e., November 6, 2006. See Tex. R. App. P. 26.1(a)(1). Appellant filed his notice of appeal on December 27, 2006, but did not file a timely motion for extension of time to file the notice. See Tex. R. App. P. 26.3. Because the notice of appeal was not filed on or before November 6, 2006 and the time for filing was not extended by this court, we have no jurisdiction to consider the appeal.
On December 27, 2006, 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 January 8, 2007 to establish the jurisdiction of this court, the appeal would be dismissed. In a written response, Appellant informed the court that he filed his notice of appeal on December 1, 2006, but was having difficulties with the handling of his mail. As previously stated, however, the notice of appeal was due to have been filed on or before November 6, 2006. Therefore, a notice of appeal filed on December 1, 2006 does not invoke 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, the appeal is dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a).
Opinion delivered January 24, 2007.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(PUBLISH)