On our own motion, we dismiss this appeal for want of jurisdiction.

The district court dismissed this case. Kimes filed a motion to reinstate a dismissed case on September 13, 2000; the court did not sign an order regarding this motion. Kimes filed his notice of restricted appeal on February 8, 2001. This Court's clerk sent a letter inquiring about this Court's jurisdiction over this case, warning that the case could be dismissed if no basis for jurisdiction were shown.

Kimes cannot pursue a restricted appeal because he filed the postjudgment motion to reinstate the case. One of the requisites for parties pursuing restricted appeals is that they must not have filed a timely postjudgment motion. Tex. R. App. P. 25.1(d)(7)(C); see also Tex. R. App. 30. The absence of a written ruling on the motion to reinstate does not render the motion a nullity, but means that it was overruled by operation of law. See Tex. R. Civ. P. 165a(3).

Kimes's notice of appeal was too late to perfect an ordinary appeal. The court signed the dismissal order on August 14, 2000. A motion to reinstate is overruled by operation of law if not "decided by signed written order within seventy-five days after the judgment is signed." Tex. R. Civ. P. 165a(3). By filing a motion to reinstate, Kimes got an extended period in which to file his notice of appeal; it was due ninety days after the judgment was signed. See Tex. R. App. P. 26.1(a)(3). His motion for extension of time to file the notice of appeal was due fifteen days thereafter. See Tex. R. App. 26.3. Thus, the motion to reinstate was overruled by operation of law October 30, 2000, the notice of appeal was due November 13, 2000, and the motion to extend was due November 28, 2000. He did not file his notice of appeal until almost three months later.

Because Kimes is not eligible to pursue a restricted appeal and did not timely invoke his right to ordinary appeal, we dismiss this appeal for want of jurisdiction.

Before Chief Justice Aboussie, Justices Yeakel and Patterson

Dismissed for Want of Jurisdiction

Filed: April 12, 2001

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