Opinion issued December 22, 2009

In The

Court of Appeals

For The

First District of Texas

NO. 01–08–00920–CV

LAVERNA STOVALL, Appellant

V.

GUADALUPA ANN LIRA, Appellee

On Appeal from the 80th District Court

Harris County, Texas

Trial Court Cause No. 2003-20640

MEMORANDUM OPINIONWe dismiss the appeal for want of jurisdiction.

          On June 27, 2008, the trial court signed the judgment from which appellant Laverna Stovall appeals. Stovall timely filed a motion for new trial on July 28, 2008. On October 27, 2008, Stovall filed her notice of appeal of the trial court’s June 27, 2008 judgment.

          Texas Rule of Appellate Procedure 26.1(a)(1) provides that if any party timely files a motion for new trial, the notice of appeal must be filed within 90 days after the trial court signed the judgment. Here, Stovall timely filed her motion for new trial, making the notice of appeal due September 25, 2008. Stovall’s October 27, 2008 filed notice of appeal was filed 32 days late.

          The Clerk of the Court sent appellant a notice calling these facts to Stovall’s attention and asking appellant, by November 23, 2009, to explain how this Court has jurisdiction of the appeal. November 23, 2009 has passed and Stovall has not filed a response.

          We dismiss the appeal for want of jurisdiction and for want of prosecution. See Tex. R. App. P. 42.3(a),(c) (after giving 10 days’ notice, allowing dismissal of appeal for want of jurisdiction and failure to comply with a notice from the clerk requiring a response or other action within a specified time). We deny all pending motions.

PER CURIAM

Panel consists of Justices Keyes, Alcala, and Hanks.