Opinion issued November 20, 2008            

In The

Court of Appeals

For The

First District of Texas

NO.   01-07-00975-CV

Fahren Fallon Favien (aka Marcus Dewayne Jones), Appellant

V.

The Office of the Attorney General and

Charita Franche Rosignon, Appellees

On Appeal from the 245th District Court

Harris County, Texas

Trial Court Cause No. 0254805

MEMORANDUM OPINION

The trial court established Fahren Fallon Favien’s paternity and child support obligation by an agreed order signed in 2003.  Favien attempts to appeal from the 2003 agreed judgment.  We dismiss the appeal for want of jurisdiction.

Background

On April 22, 2003, the trial court signed an agreed judgment establishing Favien’s paternity and parent-child relationship, setting conservatorship, and ordering current and retroactive child support.[1]  On April 29, 2005, the trial court enforced the child support obligation by entering an arrearage judgment in a child support review order.  Favien never challenged either order until November 12, 2007, when he filed a notice of appeal, specifying that he is appealing the original April 22, 2003 agreed judgment. 

Jurisdiction

          A notice of appeal must be filed within 30 days after the judgment is signed.  Tex. R. App. P. 26.1.  The timely filing of a notice of appeal invokes the jurisdiction of the court of appeals.  Tex. R. App. P. 25.1.  Therefore, if the notice
of appeal is not timely filed, the court of appeals is without jurisdiction to consider the appeal.  A court of appeals may extend the time to file a notice of appeal if, within 15 days after the deadline for filing notice, the party (1) files in the trial court the notice of appeal and (2) files in the court of appeals a motion complying with rule 10.5(b) to extend the time to file the motion.  Tex. R. App. P. 26.3, 10.5(b).

          Favien’s deadline for filing his notice of appeal was May, 22, 2003.  His deadline for filing a motion to extend the time to file a notice of appeal was thus June 6, 2003.  Favien’s notice of appeal was filed over three years and five months late. 

Conclusion

Because appellant’s notice of appeal was not timely filed, we lack jurisdiction to consider this appeal.  We therefore dismiss the cause for want of jurisdiction. 

                                                          Jane Bland

                                                          Justice

Panel consists of Justices Jennings, Hanks, and Bland.