Lauren Ross Schmidt v. Russell Edward Schmidt ( 2005 )

                                                             11th Court of Appeals

                                                                  Eastland, Texas

                                                             Memorandum Opinion

Lauren Ross Schmidt

Appellant

Vs.                   No. 11-05-00258-CV -- Appeal from Collin County

Russell Edward Schmidt

Appellee

On April 22, 2005, the trial court signed the decree dissolving the marriage between Lauren Ross Schmidt and Russell Edward Schmidt and changing Lauren=s name from Lauren Ross Schmidt to Lauren Ann Ross.  A motion for new trial was not filed.  On June 7, 2005, Lauren filed a notice of appeal.  This notice of appeal was filed 46 days after the date the decree was signed and was not timely under TEX.R.APP.P. 26.1.^[1]  Lauren has neither paid the required filing fee nor timely filed an affidavit of inability to pay costs on appeal as required by TEX.R.APP.P. 20.1.

On August 30, 2005, the clerk of this court wrote the parties and informed them that it appeared an appeal had not been timely perfected and that the required filing fee was due.  The August 30 letter directed Lauren to respond on or before September 14, 2005, showing grounds for continuing the appeal and to remit the filing fee. There has been no response to the August 30 letter.

Therefore, the appeal is dismissed for want of jurisdiction.

PER CURIAM

September 29, 2005

Not designated for publication. See TEX.R.APP.P. 47.2(a).

Panel consists of: Wright, J., and McCall, J.^[2]

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^[1]In her notice of appeal, Lauren stated that she did not receive notice of the decree until May 4, 2005, 12 days after the date the decree was signed.  Because actual notice was received within 20 days, the appellate due dates are not extended under TEX.R.CIV.P. 306a 4 & 5.

^[2]W. G. Arnot, III, Chief Justice, retired effective July 31, 2005.  The chief justice position is vacant.