James Wesley Manuel v. C.M.
James Wesley Manuel v. C.M.
Opinion
In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-25-00178-CV ___________________________ JAMES WESLEY MANUEL, Appellant V. C.M., Appellee
On Appeal from the 96th District Court Tarrant County, Texas Trial Court No. 096-338280-22
Before Bassel, Womack, and Wallach, JJ.
Per Curiam Memorandum Opinion MEMORANDUM OPINION Appellant James Wesley Manuel attempts to appeal from the November 1, 2024 judgment rendered against him. Manuel filed a motion for new trial, making his notice of appeal due January 30, 2025. See Tex. R. App. P. 26.1. Even with an extension, his notice of appeal was due no later than February 14, 2025. See Tex. R. App. P. 26.3. But he did not file his notice of appeal until April 10, 2025.1 On April 16, 2025, we notified the parties by letter of our concern that we lack jurisdiction over this appeal because the notice of appeal was untimely. See id. We warned that we might dismiss this appeal for want of jurisdiction unless Manuel or any party wanting to continue the appeal filed a response by April 28, 2025, showing a reasonable explanation for the late filing of the notice of appeal. See Tex. R. App. P. 42.3(a), 43.2(f). We received a response, but it does not show grounds for continuing the appeal.
The time for filing a notice of appeal is jurisdictional in this court, and without a timely filed notice of appeal or a timely filed extension request, we must dismiss the appeal. See Tex. R. App. P. 2, 25.1(b), 26.1, 26.3; Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex. 1998); Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (“[O]nce the period for granting a motion for extension . . . has passed, a party can no longer invoke the appellate court’s jurisdiction.”). Because Manuel’s notice of appeal was
Manuel’s April 10, 2025 notice of appeal refers to a March 27, 2025 notice of appeal. For purposes of timeliness, either date is incurably late. untimely, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f); Amick v. Campbell, No. 02-24-00540-CV, 2025 WL 285339, at *1 (Tex. App.— Fort Worth Jan. 23, 2025, no pet.) (mem. op.).
Per Curiam Delivered: May 15, 2025
Case-law data current through December 31, 2025. Source: CourtListener bulk data.