NO. 07-10-00144-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JUNE 10, 2010
IN THE ESTATE OF
DONNA ELAINE MORTON, DECEASED
FROM THE COUNTY COURT AT LAW NO. 1 OF ELLIS COUNTY;
NO. 03-E-2188; HONORABLE GREG WILHELM, JUDGE
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
MEMORANDUM OPINION
Appellant, Gary Wayne Morton, filed a notice of appeal of a final judgment
denying a request for partition filed by the executor of the estate of Donna Elaine
Morton and otherwise distributing the assets of the estate. We dismiss for want of
jurisdiction.
On October 13, 2009, the trial court signed the Amended Final Judgment from
which Morton appeals. On November 12, 2009, the executor of the estate filed a
motion for new trial.1 On December 14, 2009, the trial court entered an order denying
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In a civil case, notice of appeal must be filed within 30 days after the judgment
is signed unless any party files certain motions, including a motion for new trial, which
extends the time for filing a notice of appeal to 90 days after the judgment is signed.
See TEX. R. APP. P. 26.1(a).
the executor=s motion for new trial. On January 15, 2010, Morton filed his notice of
appeal.
By letter dated April 26, 2010, we notified Morton that his notice of appeal
appears to have been untimely filed. However, because it was filed within 15 days of
the date that it was due, a motion for extension of time to file notice of appeal is
necessarily implied. See Verburgt v. Dorner, 959 S.W.2d 615, 616-17 (Tex. 1997).
Even with an implied motion for extension, we informed Morton that it was still
necessary for him to provide a reasonable explanation for his failure to timely file his
notice of appeal. See Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex. 1997). We
directed Morton to provide this Court a reasonable explanation for the failure to timely
file his notice of appeal, in writing, on or before May 17, 2010. We additionally informed
Morton that failure to comply with the Court’s directive may result in dismissal of his
appeal. See TEX. R. APP. P. 42.3(a), (c).
To date, Morton has not responded to our directive and has not provided a
reasonable explanation for his failure to timely file his notice of appeal.
Additionally, by letter dated April 16, 2010, this Court notified Morton that the
filing fees for his appeal had not been paid. The Court directed Morton to pay these
fees by April 26, 2010, or the appeal would be subject to dismissal. See id. Morton has
not responded to our directive regarding the filing fees and has not paid these fees.
Because Morton did not timely file his notice of appeal and has failed to respond
to directives of this Court allowing him a reasonable opportunity to cure defects in his
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filings, we now dismiss this appeal for want of jurisdiction, and for failure to comply with
directives of this Court. TEX. R. APP. P. 42.3(a), (c).
Mackey K. Hancock
Justice
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