Court of Civil Appeals of Texas, 2006

Stephen C. Murphy v. Kenneth D. Peterson, Jr. D/B/A Wall Towers West

Stephen C. Murphy v. Kenneth D. Peterson, Jr. D/B/A Wall Towers West
Court of Civil Appeals of Texas · Decided June 22, 2006

Stephen C. Murphy v. Kenneth D. Peterson, Jr. D/B/A Wall Towers West

Opinion

Opinion filed June 22, 2006

 

 

Opinion filed June 22, 2006

 

 

 

 

 

 

                                                                        In The

                                                                             

    Eleventh Court of Appeals

                                                                 ____________

 

                                                          No. 11-06-00136-CV

                                                    __________

 

                                   STEPHEN C. MURPHY, Appellant

 

                                                             V.

 

     KENNETH D. PETERSON, JR. D/B/A WALL TOWERS WEST, Appellee

 

 

                                        On Appeal from the County Court at Law

 

                                                         Midland County, Texas

 

                                                 Trial Court Cause No. CC10516

 

 

                                             M E M O R A N D U M   O P I N I O N

On May 19, 2006, Stephen C. Murphy filed his notice of appeal challenging the trial court=s summary judgment signed on March 22, 2006.  On May 25, 2006, the clerk of this court wrote Murphy stating that it appeared that neither of his post judgment documents were timely filed and, therefore, that his notice of appeal was not timely filed.  The clerk further pointed out that the required filing fee had not been paid.  Murphy was directed to respond in writing within fifteen days showing grounds for continuing the appeal.  As of this date, there has been no response.


The notice of appeal was filed fifty-eight days after the judgment was signed.  Because a proper post judgment document was not timely filed, the notice of appeal was due to be filed within thirty days of the signing of the judgment.  Tex. R. App. P. 26.1.  There has been no request to extend the time for perfecting an appeal.  Tex. R. App. P. 26.3; Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997).  Murphy has failed to timely perfect an appeal. 

Therefore, the appeal is dismissed for want of jurisdiction.

 

PER CURIAM

 

June 22, 2006

Panel consists of:  Wright, C.J., and

McCall, J., and Strange, J.

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