APPELLANT v. TDCJ CID APPELLEES (2011)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1

Appellant Richard Terrance Ayers attempts to appeal from the trial court's order dated September 10, 2010, in which the trial court dismissed Ayers's civil rights complaint with prejudice after reviewing the pleadings on file “upon its own motion.”

Ayers filed a request for findings of fact and conclusions of law on October 22, 2010, which was untimely.   See Tex.R. Civ. P. 296.   However, even if his request had been timely, because in this case findings of fact and conclusions of law were not required by the rules of civil procedure and could not properly be considered by this court, his request would not have operated to extend the thirty-day deadline for filing his notice of appeal.   See Tex.R.App. P. 26.1(a)(4);  IKB Indus.  (Nigeria) Ltd. v. Pro-Line Corp., 938 S.W.2d 440, 443 (Tex.1997) (stating that a request for findings of fact and conclusions of law “does not extend the time for perfecting appeal of a judgment rendered as a matter of law, where findings and conclusions can have no purpose and should not be requested, made, or considered on appeal [such as] ․ dismissal based on the pleadings”).   Therefore, Ayers's notice of appeal was due on October 11, 2010.   See Tex.R.App. P. 26.1.

Ayers filed his notice of appeal on December 27, 2010.   On December 28, 2010, we notified Ayers that his appeal was subject to dismissal for want of jurisdiction unless, by January 7, 2011, he filed a response showing grounds for continuing the appeal.   Ayers filed a response, but it does not show grounds for continuing the appeal.   Accordingly, we dismiss this appeal for want of jurisdiction.   See Tex.R.App. P. 42.3(a), 43.2(f).

PANEL:  MCCOY, MEIER, and GABRIEL, JJ.

DELIVERED:  January 27, 2011

FOOTNOTES

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