The opinion
Opinion issued July 26, 2012
In The
Court of Appeals
For The
First District of Texas
NO. 01-12-00392-CV
____________
BOLIVAR S. TAYLOR, Appellant
V.
JAMES P. KAREN, MONICA BROWN, SEAN WHITE, & JONES DAY
LAW FIRM, Appellees
On Appeal from the 412th District Court
Brazoria County, Texas
Trial Court Cause No. 628011
MEMORANDUM OPINION
Appellant Bolivar S. Taylor attempts to appeal from the trial court’s
judgment signed January 17, 2012. Because appellant did not timely file his notice
of appeal, we dismiss the appeal for want of jurisdiction.
The trial court rendered its final judgment on January 17, 2012. Generally, a
notice of appeal is due within thirty days after the judgment is signed. See TEX. R.
APP. P. 26.1(a). The special clerk’s record on jurisdiction reflects that appellant did
not timely file anything that extended the deadline to file the notice of appeal
beyond the thirty day period provided for in Texas Rule of Appellate Procedure
26.1. See TEX. R. APP. P. 26.1(a)(1) (deadline to file notice of appeal is extended to
90 days after the date the judgment is signed if any party timely files a motion for
new trial, motion to modify the judgment, motion to reinstate, or, under certain
circumstances, a request for findings of fact and conclusions of law). Therefore,
appellant’s notice of appeal was due on or before February 16, 2012. Appellant did
not file his notice of appeal until March 21, 2012, thirty-four days after his notice of
appeal was due.1 Appellant’s notice of appeal was untimely filed. Without a timely
filed notice of appeal, this Court lacks jurisdiction over the appeal. See TEX. R.
APP. P. 25.1, 26.1.
1
Appellant bears the burden of providing some measure of proof of the date that the
notice of appeal was deposited with prison officials. See Ramos v. Richardson, 228
S.W.3d 671, 673 (Tex. 2007). However, appellant’s notice of appeal does not
contain a certificate of service or a statement regarding when the notice of appeal
was given to a prison official. See id. Appellant’s notice of appeal is dated March
15, 2012. Therefore, at the earliest, appellant’s notice of appeal could have been
deposited with prison officials on March 15, 2012, twenty-eight days after his
notice of appeal was due.
2
On May 22, 2012, we requested a response from appellant to appellee’s
motion to dismiss for want of jurisdiction. Appellant filed a response, but it does
not show grounds for continuing the appeal.2
Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R.
APP. P. 42.3(a), 43.2(f). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Higley, Sharp, and Huddle.
2
Appellant claims that he timely filed a notice of appeal with the Fourteenth Court
of Appeals dated February 9, 2012. However, if such a notice was filed with the
Fourteenth Court of Appeals, the clerk of that court would have “immediately
sen[t] the trial court clerk a copy of the notice.” TEX. R. APP. P. 25.1(a). No such
notice appears in the special clerk’s record on jurisdiction received by this Court
from the trial court clerk. The special clerk’s record contains only two notices of
appeal—appellant’s first notice of appeal dated March 15, 2012, and a second
notice of appeal which appellant captioned “Plaintiff Second Request for a Notice
of Appeal” and dated April 3, 2012.
3