Opinion
No. 04-17-00047-CV
03-15-2017
John DONOHUE, Appellant v. Martha L. DONOHUE, Appellee
MEMORANDUM OPINION
From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-CI-19573
Honorable David A. Canales, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice DISMISSED FOR LACK OF JURISDICTION
On January 27, 2017, appellant filed a notice of appeal, attempting to appeal from an order signed by the trial court in 2013. This court has no jurisdiction over an appeal unless a notice of appeal is timely filed. See TEX. R. APP. P. 25.1(b), 26.1(a), 26.3; see also Sweed v. Nye, 323 S.W.3d 873, 875 (Tex. 2010) (recognizing that a timely filed notice of appeal invokes the court of appeals' jurisdiction). To be timely, a notice of appeal must be filed within thirty days after the judgment or appealable order is signed, or within ninety days if any party timely files a motion for new trial, motion to modify the judgment, motion to reinstate, or makes a proper request for findings of fact and conclusions of law. See TEX. R. APP. P. 26.1(a). When a notice of appeal is not timely filed, this court lacks jurisdiction and we must dismiss the appeal. See generally Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997).
We ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant filed a response, but it does not address the untimeliness of appellant's notice of appeal.
This appeal is dismissed for lack of jurisdiction.
PER CURIAM