## NO. 12

- 23

- 00087

- CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

CAROLE ANN WALLACE , APPELLANT

V.

HENDERSON COUNTY APPRAISAL DISTRICT , APPELLEE §

§

§ APPEAL FROM THE 3RD

JUDICIAL DISTRICT COURT

HENDERSON COUNTY, TE XAS

MEMORANDUM OPINION PER CURIAM Carole Ann Wallace, acting pro se, filed a notice of appeal from a judgment en tered on Februa ry 22 , 2023. Under Rule 26.1 , the notice of appeal must be filed within thirty days after the j udgment is signed or , if the case is acceler ated, within twenty days after the judgment or order is signed

. T EX

. R. A PP

. P. 26. 1

. Unless the appeal is acceler ated, t he notice of appeal must be f ile d within ninety days “after the judgment is signed ” if an y party timely files a motion for new trial , motion to modify, motion to reinsta te, or request for findings of fa ct and conclusion s of law when such could be pr operly considered by the appellate c ourt

. T EX

. R. A PP

. P. 26. 1 (a)

- (b) , 28.1(b)

. Wallace filed her notice of appea l on March 3 0

. The case information sheet from the Henderson County District Clerk ’ s Office r eflects that Wall ac e did not file a motion for new trial, other post

- judgment motion , or request for finding s and conclusions ; t hus, her notice of appeal was due on or before March 2 4

. R

ule 26.3 provides that a motion to extend the time for filing a notic e of app eal must be filed wi thin fifteen days after the deadline for filing the notice of appeal. T EX

. R. A PP

. P. 26.3

. Any motion for extension of time was due no later than April 10. Wallace did not file a motion f or extension

.On March 30 , this Court notifi ed Wallace that the information received in this appeal does not show the jurisdiction of this Court, i.e., there is no timely notice of appeal

. See T EX

. R.
A PP

. P

. 26.1 , 3 7.1

. Nevertheless , Wallace was further notified that, pursuant to Rule 2 6.3 and
Verbur gt v. Dorner , 959 S.W.2d 615 (Tex. 1997) , we would imply a motion to extend time for filing the notice of appeal. We informed Wallace that Rule 26.3 requires a motion compl ying with Rule 10.5(b). See T EX

. R. A PP

. P. 10.5(b) , 26.3(b)

. Thus, we notified Wallace that the

a

ppeal would be dismissed fo r want of jurisdiction u nless on or before April 1 0 , she informed this Court, in writing, of facts that reasonably explained the need for an ex te nsion of time to file the notice of appeal. See T EX

. R. A PP

. P. 42.3

. Th is deadline expired without a motion in

acco rdance with Verburgt or ot her response from Wallace

. This Court is not au thorized to alter the time for perfecting an appeal in a civil case. S ee T EX

. R. A PP

. P. 2. Because Wallace did not respond to this Court ’ s Verburgt notice, we cannot exercise juris diction over the appeal. See Lasater v. Thompson , No. 02

- 2 0

- 00290

- CV, 2021 WL 386957, at *1 (Tex. App.

— Fort Worth Feb. 4, 2021, no pet. h. ) (m em. op.) (absent timely filed notice of appeal or extension reques t, appellate court l acks jurisdiction). Accord ingly, the appeal is dismi ssed for want of jurisdiction

. 1 Opinion delivered April 20, 2023

. Panel consisted of Worthen, C.J., Hoyle, J., and Ne eley, J

.

1 We also note that Wall ace ’ s notice of appeal fails to com ply wit h appellate Rule 9.5 and Section 51.0 17( a) of the Texas Civil Practic e and Remedies Code. S ee T EX

. R. A PP

. P. 9.5 ( service); see also T EX

. C IV

. P RAC

. & R EM

. C ODE A NN

. § 51.017(a) (West Supp. 2019) (notice of appeal mu st be served on each court repor ter responsible for preparing reporter’s record). Additional ly, Wallace ’s d ocketing statement is past du e. See T EX

. R. A PP

. P. 32.1.

## COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

APRIL 2 0 , 2023

NO. 12

- 2 3

- 00087

- CV

CAROLE ANN WALLACE , Appellant V. HENDERSON COUNTY APPRAISAL DISTRICT , Appellee

Ap peal from the 3rd District Court of Henderson Cou nty, Texas (Tr.Ct.No. CV21

- 0412

- 3 )
THIS CAU SE came on to be heard on the appellate record, and the same being c onsider ed, it is the op inion of this Court th at the ap peal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this Cou rt that this appeal be, and the same is, hereby dism issed for want of juris diction ; and that this decision be certified to t he court below for observance.
By per curiam opinion

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

.