Opinion

Salvador Barajas v. Nancy Cerda

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Mar 29, 2012
Status
Published
Cited by
0 cases

The opinion

Opinion issued March

29, 2012.

In The

Court of Appeals

For The

First District of

Texas

NO. 01-10-00705-CV

____________

SALVADOR

BARAJAS , Appellant

V.

NANCY CERDA , Appellee

On Appeal from the 257th District Court

Harris County, Texas

Trial Court Cause No. 2009-07758

MEMORANDUM OPINION

Appellant

Salvador Barajas attempts

to appeal from the trial court’s judgment signed February 13, 2009.

Generally,

a notice of appeal is due within thirty days after the judgment is signed. See

Tex. R. App. P. 26.1(a)(1). Here, the trial court signed the final

judgment on February 13, 2009. Appellant’s

notice of appeal was due by March 16, 2009.

The record shows that appellant filed his notice of appeal on August 11,

2010, nearly 17 months past the deadline.

See Tex. R. Civ. P. 329b(a). 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.

On November

23, 2011, we notified appellant that his appeal was subject to dismissal for

want of jurisdiction unless, by December 13, 2011, he filed a response showing

grounds for continuing the appeal.

Appellant did not respond.

Accordingly,

we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a),

43.2(f). We dismiss any other pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices

Higley and Brown.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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