in the Interest of K.A.G.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00223-CV

In the Interest of K.A.G., Appellant

FROM THE DISTRICT COURT OF CALDWELL COUNTY, 207TH JUDICIAL DISTRICT NO. 99-FL-420, HONORABLE DULCE MADRIGAL, JUDGE PRESIDING

On November 9, 2001, the district court signed its final order establishing the parent-child relationship, appointing conservators, and setting child support. Jacinto Solis, who by his answer admitted paternity and was adjudicated the child=s father, filed a timely motion for new trial. Accordingly, his notice of appeal was due February 7, 2002. See Tex. R. Civ. P. 26.1(a)(1). Any motion for extension, express or implied,1 was due February 22, 2002. See Tex. R. App. P. 26.3. On March 29, 2002, the clerk of this Court received a document labeled AMotion for Extension of Time to File Appeal Record and Motion for Extension of Time to File Appellant=s Brief.@ Attached to the motion was an affidavit of indigence. See generally Tex. R. App. P. 20. As neither this Court nor the trial court had ever received a notice of appeal, the clerk of this Court considered the document as a notice of appeal. However, that notice was untimely. Even the apparent date of its preparation,2 March 1, 2002, is too late to confer jurisdiction on this Court. See Tex. R. App. P. 2 (may not alter time for perfecting appeal in civil case). Accordingly, we dismiss the appeal for want of jurisdiction. Tex. R. App. P. 42.3(a).

__________________________________________ Lee Yeakel, Justice

Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel

Dismissed for Want of Jurisdiction

Filed: May 16, 2002

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