## NO. 12

- 13

- 00380

- CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

THEODORE ROSEVELT LE ONARD, APPELLANT

V.

PAMELA PORTER LEONAR D, APPELLEE §

§

§ APPEAL FROM THE 3 RD

JUDICIAL DISTRICT COURT

HOUSTON COUNTY, TEXA S

MEMORANDUM OPINION PER CURIAM This appeal is being dismissed for want of jurisdiction pursuant to Texas Rule of Appellate Procedure 42.3(a). The trial court’s judgment was signed on November 22, 2010.

Under th e rules of appellate procedure, the notice of appeal must be filed within thirty days after the judgment is signed. See T EX

. R. A PP

. P. 26.1. But if a timely motion for new trial is filed, the notice of appeal must be filed within ninety days after the j udgment is signed. See T EX

. R. A PP

. P. 26.1(a). To be timely, a motion for new trial must be filed within thirty days after the judgment is signed. T EX

. R. C IV

. P. 329b(a). Appellant did not file his motion for new trial until
December 13, 2013, which is more than thirty days after the judgment was signed. Therefore, Appellant’s motion for new trial did not extend the time for filing the notice of appeal. Consequently, the notice of appeal was due to have been filed on or before December 21, 2010. Ap pellant did not file his notice of appeal until December 4, 2013. Because Appellant’s notice of appeal was not filed on or before December 21, 2010 , it was untimely, and this court has no jurisdiction of the appeal. On January 10, 2014, this court notifi ed Appellant, pursuant to Texas Rules of Appellate Procedure 37.1 and 42.3, that his notice of appeal was untimely and there was no timely motion for an extension of time to file the notice of appeal. See T EX

. R. A PP

. P. 26.3. Appellant was2

further infor med that the appeal would be dismissed unless, on or before January 21, 2014, the information in the appeal was amended to show the jurisdiction of this court. The January 21, 2014 deadline has now passed, and Appellant has nei ther shown the jurisdiction of this court n or otherwise responded to its January 10, 2014 notice. Because this court is not authorized to extend the time for perfecting an appeal except as provided by Texas Rules of Appellate Procedure 26.1 and 26.3, the appeal is dismissed for wa nt of jurisdiction

. See T EX

. R. A PP

. P . 42.3(a). Opinion delivered January 31, 2014. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

( PUBLISH )

## COURT OF APPEALS

TWELFTH CO URT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JANUARY 31 , 2014

NO. 12

- 13

- 00380

- CV

THEODORE ROSEVELT LE ONARD,

Appellant V. PAMELA PORTER LEONAR D,

Appellee

Appeal from the 3rd District Court of Houston County, Texas (Tr.Ct.No. 07D

- 040)

THIS CAUSE came t o be heard on the appellate record; and the same being considered, it is the opinion of this court that this court is without jurisdiction of the appeal, and that the appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this court t hat this appeal be, and the same is, hereby dismissed for want of jurisdiction ; and that this decision

be certified to the court below for observance.

By per curiam opinion

. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle , J

.