James E. Wallace Sr. v. Letitia Ann Wallace

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00014-CV James E. WALLACE Sr., v. Letitia Ann WALLACE, Appellee From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2010-CI-10056 Honorable Larry Noll, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: May 8, 2013 DISMISSED FOR WANT OF JURISDICTION The trial court signed an order to clarify the underlying divorce decree on August 3, 2012. See TEX. FAM. CODE ANN. § 9.008 (West 2006). Appellant timely filed a motion for new trial on September 4, 2012. See TEX. R. CIV. P. 329b(a). Appellant’s notice of appeal was due on November 1, 2012. See TEX. R. APP. P. 26.1(a). A motion for extension of time was due not later than November 16, 2012. See id. R. 26.3. Appellant’s notice of appeal was filed on December 3, 2012. See generally Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). On April 5, 2013, we advised Appellant that a timely notice of appeal is necessary to invoke this court’s appellate jurisdiction. See TEX. R. APP. P. 25.1(b). See generally Verburgt, 04-13-00014-CV 959 S.W.2d at 617. We ordered Appellant to show cause in writing to this court by April 22, 2013, why this appeal should not be dismissed for want of jurisdiction. We warned Appellant that if he failed to respond within the time provided, the appeal would be dismissed. See TEX. R. APP. P. 42.3. To date, Appellant has filed no response to our April 5, 2013 order. Therefore, this appeal is dismissed for want of jurisdiction. See id. Costs of this appeal are taxed against Appellant. PER CURIAM -2-