IN THE INTEREST OF AND CHILDREN v. << (2011)

MEMORANDUM OPINION

This is an appeal from the trial court's January 10, 2011 final decree of divorce.   Because appellant filed a motion for new trial, her notice of appeal was due ninety days from the date of the decree or, with a proper extension motion, no later than April 25, 2011, 105 days from the date of the decree.   See Tex.R.App. P. 26.1(a), 26.3.   Appellant filed her notice of appeal May 6, 2011.   Because the notice on its face appeared untimely, we directed the parties to file letter briefs addressing our jurisdiction over the appeal.   Neither party responded.

The timely filing of a notice of appeal is jurisdictional.   See Tex.R.App. P. 25.1(b), 26.1;  Harris Cnty. Toll Rd. Auth. v. Sw. Bell Tel., 263 S.W.3d 48, 53 (Tex.App.—Houston [1st Dist.] 2006), affirmed on other grounds by, 282 S.W.3d 59 (2009).   Because appellant's notice of appeal was filed after the April 25, 2011 deadline, it was untimely and did not invoke our jurisdiction.   Accordingly, we dismiss the appeal.

110653F.P05

PER CURIAM