Court of Civil Appeals of Texas, 2008

Michael R. Timmons v. Carla L. Phelps and in the Interest of K. D. T., Minor Child

Michael R. Timmons v. Carla L. Phelps and in the Interest of K. D. T., Minor Child
Court of Civil Appeals of Texas · Decided September 3, 2008

Michael R. Timmons v. Carla L. Phelps and in the Interest of K. D. T., Minor Child

Opinion

NO. 12-08-00317-CV



IN THE COURT OF APPEALS



TWELFTH COURT OF APPEALS DISTRICT



TYLER, TEXAS





MICHAEL R. TIMMONS,

§
APPEAL FROM THE

APPELLANT



V.

§
COUNTY COURT AT LAW



CARLA L. PHELPS AND IN

THE INTEREST OF K.D.T.,

§
SMITH COUNTY, TEXAS

A MINOR CHILD





MEMORANDUM OPINION

PER CURIAM

Appellant Michael Timmons filed a notice of appeal on July 24, 2008 evidencing his intent to appeal a default judgment entered in trial court cause number 02-3178-E in the County Court at Law No. 2 of Smith County.

On July 29, 2008, this court notified Timmons, pursuant to Texas Rule of Appellate Procedure 37.2, that the information received in this appeal does not show the jurisdiction of this court because it does not include a final judgment or other appealable order. Timmons was further notified that the appeal would be dismissed unless, on or before August 28, 2008, the information was amended to show the jurisdiction of this court. On August 20, 2008, Timmons furnished this court with a copy of a default "Order Establishing the Parent-Child Relationship" signed on August 13, 2003 by the judge of the 321st Judicial District Court of Smith County.

A notice of appeal must be filed within thirty days after the judgment is signed, subject to certain exceptions not applicable here. See Tex. R. App. P. 26.1. Thus, to invoke this court's jurisdiction, Timmons's notice of appeal from the August 13, 2003 order must have been filed on or before September 12, 2003. Because it was not, we have no jurisdiction to review any alleged error in the August 13, 2003 order. Consequently, although Timmons responded to the July 29, 2008 notice, he has not shown this court's jurisdiction of this appeal. Accordingly, this appeal is dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a), (c).

Opinion delivered September 3, 2008.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.















































































(PUBLISH)

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