Court of Civil Appeals of Texas, 2005

Timothy Mitchell v. D.M. Cogdell Memorial Hospital

Timothy Mitchell v. D.M. Cogdell Memorial Hospital
Court of Civil Appeals of Texas · Decided October 21, 2005

Timothy Mitchell v. D.M. Cogdell Memorial Hospital

Opinion

Opinion filed October 21, 2005

 

 

Opinion filed October 21, 2005

 

 

 

 

 

 

                                                                        In The

                                                                             

    Eleventh Court of Appeals

                                                                   __________

 

                                                             No. 11-05-00319-CV

 

                                                                   __________

 

                                                 TIMOTHY MITCHELL, Appellant

 

                                                                            V.

 

                         D. M. COGDELL MEMORIAL HOSPITAL ET AL, Appellees

 

 

                                        On Appeal from the 132nd District Court

 

                                                          Scurry County, Texas

 

                                                  Trial Court Cause No. 21892-A

 

 

                                              M EM O R AN D U M    O P I N I O N

 

On July 27, 2005, the trial court signed the judgment.  A motion for new trial was not filed. On August 29, 2005, Timothy Mitchell filed his notice of appeal, 33 days after the date the judgment was signed.  The notice of appeal is not timely pursuant to TEX.R.APP.P. 26.1.


On September 23, 2005, the clerk of this court wrote the parties and advised them that it appeared the notice of appeal was not timely.  The clerk further directed appellant to respond within 10 days showing a reasonable explanation for the failure to timely file the notice of appeal.  Verburght v. Dorner, 959 S.W2d 615 (Tex. 1997). Appellant has not responded to our September 23 letter.  A late notice of appeal does not perfect an appeal unless a proper motion for extension of time is filed or reasonable explanation is provided.  TEX.R.APP.P. 26.3; Verburght v. Dorner, supra.

Therefore, the appeal is dismissed for want of jurisdiction.

 

PER CURIAM

 

October 21, 2005

Not designated for publication.  See TEX.R.APP.P. 47.2(a).

Panel consists of:  Wright, C.J., and

McCall, J., and Strange, J.

 

 

 

 

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