I)ISNIISS; Opinion tiled October 4, 2012

In The Qtntrt uf uati fift1! Oi!itrirl nf ixai at a11zu No. 05-12-00936-CV

ANI)RE BERRY, Appellant V. CAMILLA THORNTON, Appellee

On Appeal from the 417th Judicial District Court Collin County, Texas Trial Court Cause No. 417-55848-2011

MEMORANDUM OPINION i3efore Chief Justice Wright and Justices Francis and Lang-Miers Opinion By Chief Justice Wright By letter dated July 27, 2012, the Court informed appellant that his notice of appeal was untimely but that he could cure the timeliness problem by filing, within ten days. an extension motion. We cautioned appellant that failure to file an extension motion may result in dismissal of his appeal without further notice. As of today’s date, appellant has not filed a motion to extend the time to file his notice of appeal.

Where a party does not file a post-judgment motion extending the appellate timetable, a notice of appeal is due thirty days after the date the judgment is signed. See TEx. R. App. P. 26.1.

An extension of time may he granted if an appellant files a notice of appeal within fifteen days of the deadline and files a motion complying with rule of appellate procedure 10.5(b). See TEx. R. App. P. 26.3. Without a timely filed notice ol’appeal. this Court lacks jurisdiction. S’ee TEx. R. APP. P. 25.1(h).

Appellant is appealing a protective order signed on June 5. 2012. Appellant did not file any post—judgment motion. Accordingly, the notice olappeal was due on .July 5. 2012. Appellant tiled his notice of appeal on July 6. 2012 Appellant did not respond to this Court’s letter informing him .

that he needed to lile an extension motion. Accordingly, we dismiss the appeal for want of jurisdiction. See Tizx. R. App. P. 42.3(a).

CAROLYN WRIGIll Cl-llFFJYS FICF I 20936F.P05 Quiirt nf i4ipeais tbztrirt nt i1rxa at 1at1as JUDGMENT ANI)RE BERRY. Appellant Appeal from the 417th Judicial District Court of Collin County. Texas. (Tr.Ct.No. 417- No. 05-12-00936-CV V. 55848-201 1).

Opinion delivered by Chief .Justice Wright, CAMILLA THORNTON, Appeflee Justices Francis and Lang-Miers, participating.

Based on the Courts opinion of this date, the appeal is DISMISSED.

It is ORI)ERL1) that appellee. Camilla Thornton. recover her costs of the appeal from appellant, Andre Berry.

Judgment entered October 4. 2012.

CAROLYN WRIGHT (111FF JT,STICF