Opinion
No. 08-08-00034-CV
March 27, 2008.
Appeal from the 291st District Court of Dallas County, Texas, (TC# F05-21226-U).
Before CHEW, C.J., McCLURE, and CARR, JJ.
MEMORANDUM OPINION
This appeal is before the Court on its own motion for determination whether the appeal should be dismissed for want of jurisdiction. Finding that Appellants did not timely file their notice of appeal, we dismiss the appeal for want of jurisdiction.
A civil appeal is perfected when the notice of appeal is filed. Tex.R.App.P. 26.1; see Restrepo v. First Nat'l Bank of Dona Ana County, N.M., 892 S.W.2d 237, 238 (Tex.App.-El Paso 1995, no writ) (applying former Tex.R.App.P. 40(a)(1)). When no motion for new trial or request for findings of fact or conclusions of law is filed, the notice of appeal must be filed within thirty days after the judgment is signed. Tex.R.App.P. 26.1; Restrepo, 892 S.W.2d at 238. When a motion for new trial is timely filed, the notice of appeal is due within ninety days after the judgment is signed. See Tex.R.App.P. 26.1(a)(1). A notice of appeal is considered timely if filed within fifteen days of the due date and accompanied by a reasonable explanation for the failure to file on the due date. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).
The trial court signed the judgment on July 10, 2007 and Appellants did not file a motion for new trial. Thus, the notice of appeal was due to be filed no later than August 9, 2007. Appellants did not file their notice of appeal until September 25, 2007. Therefore, Appellants did not timely perfect the appeal. By letter dated January 14, 2008, this Court gave Appellants notice of our intent to dismiss this appeal because the appeal had not been perfected. Tex.R.App.P. 42.3. We have received no response from Appellants. Accordingly, we dismiss the appeal for want of jurisdiction.