Christine Mockabee v. Meaghan Trisler ( 2004 )

  COURT OF APPEALS  

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-04-365-CV

CHRISTINE MOCKABEE                                                          APPELLANT

V.

MEAGHAN TRISLER                                                                  APPELLEE

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FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY

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MEMORANDUM OPINION¹ AND JUDGMENT

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        On November 23, 2004 we notified appellant, in accordance with TEX. R. APP. P. 42.3, that this court may not have jurisdiction over this appeal because it appeared the notice of appeal was not timely filed.  We stated that the appeal would be dismissed for want of jurisdiction unless appellant or any party desiring to continue the appeal filed with the court within ten days a response showing a reasonable explanation for the late filing of the notice of appeal.  See Tex. R. App. P. 10.5(b), 26.3(b), 42.3(a).  We have not received a response.

        The trial court’s judgment was signed August 19, 2004.  Because a motion for new trial was timely filed, appellant’s notice of appeal was due November 17, 2004.  The notice of appeal was not filed until November 19, 2004, and appellant has not offered any explanation for the late filing.

        Therefore, it is the opinion of the court that this appeal should be dismissed for want of jurisdiction.  See TEX. R. APP. P. 42.3(a), 43.2(f).  Accordingly, we dismiss the appeal.

                                                                  PER CURIAM

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

DELIVERED: December 23, 2004

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NOTES

1. See Tex. R. App. P. 47.4.