in the Interest of J.D.W., a Child ( 2018 )

Dismissed; Opinion Filed September 14, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00661-CV
IN THE INTEREST OF J.D.W., A CHILD
On Appeal from the 397th Judicial District Court
Grayson County, Texas
Trial Court Cause No. FA— 17-0690
MEMORANDUM OPINION
Before Justices Myers, Evans, and Brown
Opinion by Justice Myers
This appeal follows the entry of an April 18, 2018 judgment for child support arrearage
and April 30, 2018 order in suit affecting the parent-child relationship. No request for findings of
fact and conclusions of law or motion for new trial or to modify judgment was filed after either
the judgment or order. The notice of appeal does not state the subject of the appeal and was filed
more than thirty days from the date of judgment and order, on June 4, 2018. See TEX. R. APP. P.
26.1 (requiring notice of appeal be filed within thirty days of judgment unless certain exceptions,
not applicable here, apply). However, under Texas Rule of Appellate Procedure 26.3, the notice
could be deemed timely as to both the judgment and order if a motion were filed reasonably
explaining why the notice was late. See id. 4.1(a), 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617
(Tex. 1997).
We gave appellant an opportunity to file an extension motion, but more than ten days have
passed and no motion has been filed. Without a motion reasonably explaining the need for an
extension, we cannot deem the notice of appeal timely filed. See Verburgt, 959 S.W.2d at 617.
And without a timely filed notice, we have no jurisdiction over the appeal. See Brashear v.
Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 545 (Tex. App.—2009, no pet.) (op. on
reh’g). Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/Lana Myers/
LANA MYERS
JUSTICE
180661F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF J.D.W., A CHILD On Appeal from the 397th Judicial District
Court, Grayson County, Texas
No. 05-18-00661-CV Trial Court Cause No. FA— 17-0690.
Opinion delivered by Justice Myers,
Justices Evans and Brown participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER appellee Timothy Lee Wilson recover his costs, if any, of this appeal from
appellant Dana Jaynea Wilson.
Judgment entered this 14th day of September, 2018.
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