Timothy Mitchell v. D.M. Cogdell Memorial Hospital
Timothy Mitchell v. D.M. Cogdell Memorial Hospital
Opinion
|
|
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.