IN THE INTEREST OF AND CHILDREN v. << (2017)

MEMORANDUM OPINION

Before the Court is appellee's April 11, 2017 motion to dismiss the appeal. Appellee contends this Court lacks jurisdiction over this appeal because appellant failed to timely file a notice of appeal. Appellant did not file a response to appellee's motion.

When a party files a timely post-judgment motion extending the appellate timetable, a notice of appeal is due ninety days after the date the judgment is signed. See TEX. R. APP. P. 26.1(a). If a party files a notice of appeal within fifteen days of the deadline, an appellate court can extend the deadline if the party files a motion complying with Rule 10.5(b). See TEX. R. APP. P. 10.5(b), 26.3. Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).

Appellant is appealing from the trial court's judgment signed on December 15, 2016. In the motion to dismiss, appellee states that appellant filed a timely motion for new trial on January 17, 2017. See TEX. R. CIV. P. 4, 329b(a). Thus, the notice of appeal was due on March 15, 2017, ninety days after the date the judgment was signed. See TEX. R. APP. P. 26.1(a). Appellant filed a notice of appeal on March 21, 2017, six days past the deadline.

Appellee's motion to dismiss brought the issue of the untimely notice of appeal to appellant's attention. Appellant did not respond to the motion or file a motion for extension of time to file her notice of appeal with this Court. Accordingly, we grant appellee's motion and dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

DOUGLAS S. LANG JUSTICE