Order filed September 19 , 2019

In The 

## Fourteenth Court of Appeals

____________ NO. 14
- 19
- 00033
- CV

____________ ALPHA GLYNN MESKIMEN , Appellant

V. JENIFER LOUISE MESKI MEN , Appellee
On Appeal from the County Court at Law Navarro County, Texas Tria l Court Cause No. C18
- 26928
- CV



### ORDER
T his is an appeal from a judgment signed October 25, 2019. Appel lant did not file a post

-

judgment motion extending appellate time tables. The notice of appeal was due November 26, 201 8. See Tex. R. App. P. 26.1. In his notice of appeal filed on January 3, 2019, a ppellant c on tends he was not give n notice of , nor did he participate in , the hearing that resulted in the judg ment

. T o perf ect an appeal in a civil case, such as this one , a n appellant must file a notice of app eal complying with Texas Rule of Appellate Procedure 25.1. The notice must al w ays include these items : (1) identify the tr ial c ourt and state t he

case ’ s number and st yle; (2) state the date of the judgment or o rder appeal ed from; ( 3 ) sta te that the party desires to appeal; ( 4 ) state the court to which the appeal istaken; and (5) state the name of each party filing the notice

. Te x. R. App. P.

25.1(d). T he notice of appeal complies with these r equirements; howe ver, the notice was not filed within thirty d ays of the da te of the judgment and therefore is untim ely. We do not have appellate jurisdiction over untime ly perfected appe al s. However, the no tice of appeal was filed within the time for perf ecting a restricted appeal. Tex. R. App. P. 26.1(c) ( in a re stricted appeal, the notice of appeal must be filed within six months after the judgment or order is signed)

. If t h e present ca se is a restricted appeal, then we possess jurisdiction. In the interest of justice and to ensure appellant receives a mer its

- b ased review , we c onstrue appella nt ’ s notice of appeal as a notice in a restricted appeal. See Tex. R. App. P. 26.1(c) ; Tex. R. App. P. 30

. The no tice of ap p eal, h owever, does not comply with requirements applicable to a notice in a restricted appeal. If the appeal is a restricted appeal

— which, generally, are those appeals not timely perf ected within th irty days of the judgment o r order appealed from, b ut perfected within six months of the date of the judgment or order appeal ed f rom

— the n otice of appeal , in addition to stating those items set forth in rule 2 5.1(d)(1 )

- ( 5) , must also contain those statements listed in ru le 25.1(d) (7 ) . The notice must : ( 1 ) state that the appellant is a party affe cted by the trial court ’ s judgment but did not participate

— eit her in person or th rough counsel

— in the hearing that resulted in the ju dgment

com pl ained of; ( 2 ) state that the appellant did not timely file either a postjudgment motion , request for findings of fact and conclu sions of law, or notice of appeal; and (3) if appellant is not represented by cou nsel, appellant must verify the not ice of appea l. Tex . R. App

. 25.1(d)(7). Appell ant ’ s notice of appeal does not meet the req uir ements of rule 25.1( d)(7) pertaining to restrict ed appeals . Acc ording ly, we direct appellant to file an amended notice of appeal that meets the requirements set out in Texas Rule of Appellate Procedure 25.1(d ) within th irty days of today ’ s date or th is court will dismiss the appeal for lack of jurisdiction. PER CURIAM Panel Consists of Justices Jewell, Bourliot, and Zimmerer.