ronald-kennedy-v-r-wathen-dorothy-thorton-r-rowe-and-other-unknown ( 2006 )

                                      COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

                                        NO.  2-06-268-CV  

RONALD KENNEDY                                                              APPELLANT

                                                   V.

R. WATHEN, DOROTHY THORTON, R. ROWE                           APPELLEES

AND OTHER UNKNOWN PERSONS WHO

HAVE ACTED INDIVIDUALLY, PERSONALLY

AND JOINTLY UNDER THEIR CAPACITY OF

EMPLOYMENT AND ITS AUTHORITY IN

UNCONSTITUTIONAL AND UNLAWFUL

MANNER TO VIOLATE THE RIGHTS OF

PLAINTIFF

                                              ------------

          FROM COUNTY COURT AT LAW NO. 2 OF WICHITA COUNTY

                                              ------------

                                MEMORANDUM OPINION^[1]

                                              ------------

Appellant Ronald Kennedy, pro se, attempts to appeal from the trial court=s order dismissing as frivolous his claims against Appellees.  The trial court signed the order of dismissal on April 4, 2006, but Appellant did not file his notice of appeal until August 4, 2006, long after the applicable deadline. See Tex. R. App. P. 26.1.

On August 7, 2006, we notified Appellant that we would dismiss this appeal unless he or any party desiring to continue the appeal filed a response by August 17, 2006.  See Tex. R. App. P. 42.3(a). We have received no response.

The times for filing a notice of appeal are jurisdictional in this court, and absent a timely filed notice of appeal, we must dismiss the appeal.  See Tex. R. App. P. 25.1(b), 26.1; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Because Appellant=s notice of appeal was not timely filed, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).

PER CURIAM

PANEL D:   GARDNER, WALKER, and MCCOY, JJ.

DELIVERED: September 14, 2006

---

^[1]See Tex. R. App. P. 47.4.