In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-13-00227-CV
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PATRICIA ANN POWERS, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 284th District Court
Montgomery County, Texas
Trial Cause No. 12-05-05314 CV
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MEMORANDUM OPINION
On February 27, 2013, the trial court signed an order denying a petition for
expunction filed by Patricia Ann Powers. A notice of appeal that Powers mailed
on May 10, 2013, was received by the trial court clerk on May 13, 2013. We
questioned our jurisdiction and the parties filed responses. In her response to this
Court’s first inquiry, Powers stated that she was “notified on April 5, 2013.” We
notified Powers a motion requesting a hearing for an order extending the time to
perfect appeal due to late notice of judgment must be directed to the trial court, but
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she has not shown that she followed procedure for obtaining an order finding the
notice date. See Tex. R. Civ. P. 306a (4), (5); Tex. R. App. P. 4.2 (b). Although we
also provided an opportunity to file an amended notice of appeal, Powers has not
sought a restricted appeal. See Tex. R. App. P. 25.2 (d) (7).
Notice of appeal was due on April 1, 2013. See Tex. R. App. P. 26.1. The
appellant has not shown that she perfected appeal within the time for which we
may grant an extension of time to perfect appeal. See Tex. R. App. P. 26.3.
Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P.
42.3 (a).
APPEAL DISMISSED.
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STEVE McKEITHEN
Chief Justice
Opinion Delivered September 5, 2013
Before McKeithen, C.J., Gaultney and Horton, JJ.
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