DiSMISS; Opinion tiled October 9, 2012

In The Gnttrt uf Apprahi TftI! Jitrict uf xai at 1aL1a No. 05-12-01 063-CV

ARTHUR MORRISON, Appellant ‘7.

CLORIS LARK, Appellee

On Appeal from the County Court at Law To. 4 I)allas County, Texas Trial Court Cause No. CC-l1-02058-D

MEMORANDUM OPINION Beftre Chief Justice Wright and Justices Francis and Lang-Miers Opinion By Chief Justice Wright By letter dated August 13, 2012. the Court questioned its jurisdiction over the appeal.

Specifically, it appears the notice of appeal is untimely. We requested that appellant file a jurisdictional brief within twenty days explaining how this Court has jurisdiction. As of today’s date, appellant has not filed a jurisdictional brief A notice of appeal is due thirty day’s after the trial court’s judgment is signed. See TEx. R. App. P. 26.1. The time to file a notice of appeal is extended to ninety days after the judgment is signed ifa party files a post-judgment motion that extends the appellate timetables. See TEx. R. App. P. 26.1(a)(1) (4). Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEx. -

R. App. P. 25.1(b).

In the docketing statement, appellant states that he is appealing the trial courts May 16. 2011 order dismissing his case. We note that appellant tIled a bill of review on October 17. 2(11 . The bill of review proceeding was not docketed as a separate proceeding and there is no indication that the trial court ruled on the bill of review.

The only order before this Court is the May 16. 2011 order of dismissal. Appellant filed his notice of appeal on July 30, 2012. Because the notice of appeal was filed more than one year after the date the order was signed. this Court lacks jurisdiction. Accordingly. we dismiss the appeal. See TEX. R. AF’p. P. 42.3(a).

/CAROLN VJfT-I F (Il1iF J(SlJC1 064F.P05 Ltiiirt Lif .1pI1j Th&ttict uf Iixa at a1hu JUDGMENT ARTHUR MORRISON, Appellant Appeal from the County Court at Law No. 4 of Dallas County. Texas. (Tr.Ct.No. CC-I I- No. 05-12-01064-CV V. 02058-D).

Opinion delivered by Chief Justice Wright.

CLORIS LARK, Appellee Justices Francis and Lang-Miers. partic pating.

Based on the Court’s opinion of this date, the appeal is DISMISSED.

It is ORDEREI) that appellec. Cloris Lark. recover her costs of the appeal from appellant, i-\rthur Morrison.

Judgment entered October 9. 2012.

/ / /

CAROLYN WRTGHT CI-JIEF JUSTIC / / /7 -