APPELLANT v. FROM OF COUNTY 20 2011 19 2012 26 16 2012 26 42 43 301 840 843 2009 959 615 617 1997 (2012)

Court of Appeals of Texas, Waco.

Bobby Savannah APPELLANT v. Jeffrey Savannah APPELLEE FROM County Court at Law No. 1 OF Tarrant COUNTY On December 20, 2011, the trial court signed a take-nothing judgment against pro se appellant Bobby Savannah.  Appellant's notice of appeal was therefore due on January 19, 2012.  See Tex.R.App. P. 26.1.  Appellant, however, filed his notice of appeal with the county clerk on February 16, 2012.  We sent a letter to appellant to express our concern that we do not have jurisdiction over the appeal because the notice of appeal is untimely.  Appellant responded to our letter with a letter of his own, but appellant's letter does not show adequate grounds for continuing his appeal.  Because our jurisdiction depends on a timely notice of appeal and because appellant's notice of appeal is untimely, we dismiss the appeal for want of jurisdiction.  See Tex.R.App. P. 26.1, 42.3(a), 43.2(f);  Howlett v. Tarrant Cnty., 301 S.W.3d 840, 843 (Tex.App.—Fort Worth 2009, pet. denied) (op. on reh'g) (explaining that a timely filed notice of appeal confers jurisdiction on this court, and “absent a timely filed notice of appeal, we must dismiss the appeal”) (citing Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex.1997)).

NO. 02–12–00072–CV

Decided: May 04, 2012