DISMISS; and Opinion Filed February 5, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00015-CV
IN THE INTEREST OF A.G. AND V.G., CHILDREN
On Appeal from the 469th Judicial District Court
Collin County, Texas
Trial Court Cause No. 469-52594-2016
MEMORANDUM OPINION
Before Justice Bridges, Myers, and Schenck
Opinion by Justice Schenck
Before the Court is appellant’s motion to extend time to file the notice of appeal. Generally,
a notice of appeal is due within thirty days after the judgment is signed. See TEX. R. APP. P. 26.1.
However, if a timely motion for new trial is filed, the notice of appeal is due within ninety days of
the date the judgment is signed. Id. 26.1(a). The deadline may be extended if the notice of appeal
is filed within fifteen days of the date it was due and an extension motion providing a reasonable
explanation for the delay is filed. See id. 10.5(b), 26.3. Without a timely filed notice of appeal, an
appellate court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).
Here, appellant challenges the trial court’s final decree of divorce signed on September 8,
2017. The record before us reflects appellant timely filed a motion for new trial on October 6,
2017. See TEX. R. CIV. P. 329b(a). Because the motion for new trial was timely, the notice of
appeal was due on December 7, 2017 or, with an extension motion, on December 22, 2017. See
TEX. R. APP. P. 26.1(a), 26.3. Appellant, however, did not file his notice of appeal until January
4, 2018.
Because appellant did not timely file his notice of appeal, we deny the motion to extend
time to file the notice of appeal and dismiss the appeal for want of jurisdiction. See TEX. R. APP.
P. 42.3(a).
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
180015F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF A.G. AND V.G., On Appeal from the 469th Judicial District
CHILDREN Court, Collin County, Texas
Trial Court Cause No. 469-52594-2016.
No. 05-18-00015-CV Opinion delivered by Justice Schenck.
Justices Bridges and Myers participating.
In accordance with this Court’s opinion of this date, we DISMISS this appeal.
It is ORDERED that appellee Jamie McDonald recover her costs of this appeal, if any,
from appellant David Grantham.
Judgment entered this 5th day of February, 2018.
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