TRACE ALLIN MOFFATT APPELLANT v. JAN HUGHES MOFFATT APPELLEE (2010)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1

Appellant Trace Allin Moffatt attempts to appeal from the trial court's final decree of divorce entered in the underlying divorce case involving Appellee Jan Hughes Moffatt.   We will dismiss the appeal for want of jurisdiction.

The trial court's judgment was signed on May 18, 2010, and Trace timely filed a motion for new trial on June 8, 2010.   Trace's notice of appeal was therefore due on August 16, 2010, but it was not filed until September 3, 2010.   See Tex.R.App. P. 26.1(a)(1).

On September 10, 2010, we notified Trace of our concern that this court may not have jurisdiction over the appeal and informed him that unless he or any party desiring to continue the appeal filed with the court a response on or before September 20, 2010, showing a reasonable explanation for the late filing of the notice of appeal, this appeal would be dismissed for want of jurisdiction.   See Tex.R.App. P. 10.5(b), 26.3, 42.3;  Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex.1997).   We have received no response.   Accordingly, we dismiss the appeal for want of jurisdiction.   See Tex.R.App. P. 42.3(a), 43.2(f).

PANEL:  WALKER, MCCOY, and MEIER, JJ.

DELIVERED:  October 14, 2010

FOOTNOTES

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