2011 26 29 2011 17 2011 10 26 42 v. 104 884 886 2003 42 43 (2011)

Court of Appeals of Texas, Waco.

On October 7, 2011, we notified appellant of our concern that we lacked jurisdiction over the appeal because it did not appear that the notice of appeal had been timely filed.  See Tex.R.App. P. 26.1.  That is, because no post-judgment motion was filed to extend the appellate deadline, appellant's notice of appeal was due on September 29, 2011.  We informed appellant that the appeal was subject to dismissal for want of jurisdiction unless, by October 17, 2011, appellant or any party desiring to continue the appeal filed with the court a response showing a reasonable explanation for the late filing of the notice of appeal or showing that the notice of appeal was timely filed per the “mailbox” rule.  See Tex.R.App. P. 9.2(b), 10.5(b), 26.3(b), 42.3(a);  Hone v. Hanafin, 104 S.W.3d 884, 886 (Tex.2003).  Having received no response, we dismiss the appeal for want of jurisdiction.  See Tex.R.App. P. 42.3(a), 43.2(f).

NO. 02–11–00403–CV

Decided: November 15, 2011