DERALD EVANS APPELLANT v. LESLIE BLITZER APPELLEE (2010)

MEMORANDUM OPINION1

Appellant Derald Evans attempts to appeal from the trial court's judgment granting appellee Leslie Blitzer's motion for summary judgment on her breach of contract claim.   Appellant filed his notice of appeal on October 16, 2009, more than eight months after the trial court signed its judgment.

On October 20, 2009, we sent appellant a letter that informed him about our concern that we do not have jurisdiction over this appeal because the notice of appeal was untimely filed.   See Tex.R.App. P. 25.1(b), 26.1;  Crites v. Collins, 284 S.W.3d 839, 840 (Tex.2009) (indicating that the timely filing of a notice of appeal under rule 26.1 is jurisdictional);  Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 561, 564 (Tex.2005) (same).   We also informed him that unless he showed grounds for continuing this appeal, it could be dismissed for want of jurisdiction.

On November 13, 2009, we sent appellant a letter that informed him that to the extent he is attempting to appeal from a denial of his bill of review, there is no signed and appealable order in the trial court that denies the bill of review.   We notified him that if he did not provide an appealable order concerning the denial of his bill of review, the appeal would be dismissed for want of jurisdiction.   We gave appellant until November 23, 2009 to provide us with an appealable order.

On December 10, 2009, appellant filed a motion that requested an extension of time to provide us with the order.   However, that motion did not include a certificate of conference, and we gave appellant until December 21, 2009 to give us the certificate and informed him that if he did not do so, his motion for extension could be denied.   Appellant has not provided a certificate of conference on his extension motion, so we deny that motion.   See Tex.R.App. P. 10.1(a)(5), 42.3(c).  He has also still not shown that there is any signed, appealable order over which we have jurisdiction in this appeal.

Because appellant's notice of appeal from the trial court's February 11, 2009 order was not timely filed and because he has not provided us with any other appealable order to which his notice of appeal was timely filed, we dismiss his appeal for want of jurisdiction.   See Tex.R.App. P. 25.1(b), 26.1, 42.3(a), 43.2(f).

FOOTNOTES

FN1. See Tex.R.App. P. 47.4..  FN1. See Tex.R.App. P. 47.4.

PER CURIAM