IN RE: C.D.T. (2010)

MEMORANDUM OPINION

Opinion By Justice Lang-Miers

On July 23, 2010, appellant filed a notice of appeal from the trial court's August 26, 2009 order.   Because the notice of appeal on its face appeared untimely, we directed the parties to file letter briefs addressing our jurisdiction over the appeal.   Neither party responded.   We conclude we lack jurisdiction over the appeal.

Absent a timely motion for new trial, appellant's notice of appeal was due within thirty days of the August 26, 2009 order, or by September 25, 2009.   See Tex.R.App. P. 26.1. Even if appellant had timely filed a motion for new trial, his notice of appeal was due by November 24, 2009.   See Tex.R.App. P. 26.1(a)(1).   Appellant did not file his notice of appeal until July 23, 2010, eight months after the date it was due if a motion for new trial was timely filed.   Absent a timely notice of appeal, we have no jurisdiction over the appeal.¹  See Verburgt v. Dorner, 959 S.W.2d 615 (Tex.1997).

We dismiss the appeal for want of jurisdiction.

100978F.P05

FOOTNOTES

FN1. Appellant's notice of appeal does not state it is a notice of restricted appeal.   See Tex.R.App. P. 30.   Even if it had, we would still lack jurisdiction over the appeal.   A notice of restricted appeal is due within six months of the date the appealable order is signed.   See Tex.R.App. P. 26.1(c).  In this case, the six-month period expired on February 26, 2010..  FN1. Appellant's notice of appeal does not state it is a notice of restricted appeal.   See Tex.R.App. P. 30.   Even if it had, we would still lack jurisdiction over the appeal.   A notice of restricted appeal is due within six months of the date the appealable order is signed.   See Tex.R.App. P. 26.1(c).  In this case, the six-month period expired on February 26, 2010.

ELIZABETH LANG-MIERS JUSTICE