Opinion
No. 05-12-01638-CV
01-25-2013
IN THE INTEREST OF H.M., A CHILD
DISMISS; Opinion issues January 25, 2013.
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-54170-2009
MEMORANDUM OPINION
Before Justices Lang-Miers, Myers, and Lewis
Opinion By Justice Lang-Miers
This is an appeal from the trial court's August 24, 2012 order in suit to modify the parent-child relationship. Father, who timely filed a motion for new trial, filed his notice of appeal on December 6, 2012. The notice was filed outside the ninety-day period allowed under the rules of appellate procedure but within the fifteen day period in which an extension motion setting forth a reasonable explanation for the delay may be filed. See TEX. R. APP. P. 10.5(b). 26.1(a), 26.3. Because Father had not moved for an extension or otherwise provided a reasonable explanation for the late filing, we directed him to file an extension motion by December 21, 2012. See Verburgt v. Darner, 959 S.W.2d 615, 617 (Tex. 1997). To date, Father has not filed the motion or otherwise corresponded with the Court.
The timely filing of a notice of appeal is jurisdictional. See TEX. R. APP. P. 25.1(b); Garza v. Hibernia Nat'l Bank, 227 S.W.3d 233, 233 (Tex. App.—Houston [1st Dist.] 2007, no pet.). Because Father's notice of appeal was untimely and he has failed to provide a reasonable explanation for the delay, we lack jurisdiction over this appeal. See Garza, 227 S.W.3d at 233. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).
________________________
ELIZABETH LANG-MIERS
JUSTICE
121638F.P05
JUDGMENT
IN THE INTEREST OF H.M., A CHILD No. 05-12-01638-CV
Appeal from the 380th Judicial District Court
of Collin County, Texas. (Tr.Ct.No. 380-
54170-2009).
Opinion delivered by Justice Lang-Miers,
Justices Myers and Lewis participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal. We ORDER that appellee Catherine Gonzalez recover her costs, if any, of this appeal from appellant Joel Merkins. Judgment entered January 25, 2013.
________________________
ELIZABETH LANG-MIERS
JUSTICE