Opinion issued April 19, 2012.

In The

Court of Appeals

For The

First District of Texas

NO. 01-10-01078-CV

____________

JAMES WHITAKER, Appellant

V.

TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION, Appellee

On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 2008-41346

MEMORANDUM OPINION

Appellant, James Whitaker, attempts to appeal from the trial court’s judgment signed December 9, 2009. 

Generally, a notice of appeal is due within thirty days after the judgment is signed.  See Tex. R. App. P. 26.1(a)(1).  The deadline to file a notice of appeal is extended to 90 days after the date the judgment is signed if any party timely files a motion for new trial, motion to modify the judgment, motion to reinstate, or, under certain circumstances, a request for findings of fact and conclusions of law. Id. 

Here, the trial court signed the final judgment on December 9, 2009.  Appellant did not file a motion for new trial or other document that would extend the time to file his notice of appeal.  Appellant’s notice of appeal thus remained due 30 days from December 9, 2009, or by January 8, 2010.  The record shows that appellant filed his notice of appeal on December 10, 2010, nearly one year past the deadline.  See Tex. R. Civ. P. 329b(a).  Appellant’s notice of appeal was untimely filed.  Without a timely filed notice of appeal, this Court lacks jurisdiction over the appeal. See Tex. R. App. P. 25.1.

On March 20, 2012, we notified appellant that his appeal was subject to dismissal for want of jurisdiction unless he timely filed a response showing grounds for continuing the appeal.  Appellant has not adequately responded.

Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).  We dismiss any other pending motions as moot. 

PER CURIAM

Panel consists of Justices Jennings, Massengale, and Huddle.