Opinion issued March 9, 2006

In The

Court of Appeals

For The

First District of Texas

NO. 01–05–01167–CV

JESSICA SHANAHAN KIRKPATRICK, Appellant

V.

RICHARD CLIFTON KIRKPATRICK, Appellee

On Appeal from the 309th District Court

Harris County, Texas

Trial Court Cause No. 2003-59972

MEMORANDUM OPINIONAppellee, Richard Kirkpatrick, requests that we dismiss the appeal for want of jurisdiction because the notice of appeal was untimely filed.

          The trial court signed the final decree of divorce on August 5, 2005. Appellant, Jessica Kirkpatrick filed a motion for new trial on August 17, 2005. Under Texas Rule of Appellate Procedure 26.1(a)(1), this gave Jessica until November 15, 2005 to file her notice of appeal. Jessica did not file her notice of appeal until December 14, 2005, 29 days after the deadline and 14 days after the deadline for filing a motion to extend time to file the notice of appeal under Texas Rule of Appellate Procedure 26.3.

          Accordingly, we dismiss the appeal for want of jurisdiction.

PER CURIAM

Panel consists of Justices Nuchia, Keyes, and Hanks.