Court of Civil Appeals of Texas, 2003

Paul James Koumjian v. El Paso County, Samaniego

Paul James Koumjian v. El Paso County, Samaniego
Court of Civil Appeals of Texas · Decided June 19, 2003

Paul James Koumjian v. El Paso County, Samaniego

Opinion

Form: Dismiss TRAP 42.2 Appellant's Motion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS



PAUL JAMES KOUMJIAN,



Appellant,



v.



EL PASO COUNTY, LEO SAMANIEGO, et al.



Appellees.

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No. 08-03-00206-CV


Appeal from the



34th District Court



of El Paso County, Texas



(TC# 98-2135)

MEMORANDUM OPINION



Paul James Koumjian filed his notice of appeal with the district court clerk on April 25, 2003, almost two months after the February 27, 2003, judgment of the trial court. No motion with the trial court has been filed extending the time to perfect appeal, thus the notice of appeal should have been filed within thirty days after the judgment. Tex. R. App. P. 26.1. Since the appeal was not perfected within the allowed time, we are without jurisdiction to hear this appeal.

Mr. Koumjian's notice of appeal refers to a trial court judgment "on or about April 9, 2003." Although appellants are entitled to additional time to perfect an appeal if they receive neither notice of the trial court's judgment nor have actual knowledge that the judgment was rendered, there is a particular procedure required by the Rules of Appellate Procedure to gain that additional time. Tex. R. App. P. 4.2. Koumjian has not invoked this provision, so he is not entitled to its benefit. The time for initiating this procedure has expired. Accordingly, this appeal is dismissed for want of jurisdiction.



SUSAN LARSEN, Justice

June 19, 2003



Before Panel No. 1

Larsen, McClure, and Chew, JJ.



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