John Wesley Covington v. Dolores Maldonado Covington

Opinion filed July 11, 2024

In The

Eleventh Court of Appeals
__________

No. 11-24-00167-CV
__________

JOHN WESLEY COVINGTON, Appellant
V.
DOLORES MALDONADO COVINGTON, Appellee

On Appeal from the 318th District Court
Midland County, Texas
Trial Court Cause No. FM61,157

MEMORANDUM OPINION
In 2018, the trial court signed a final decree of divorce. Appellant, John
Wesley Covington, filed a pro se notice of appeal from the decree in June 2024.
When the appeal was docketed in this court, the clerk of this court notified the parties
that it appeared that the notice of appeal was untimely filed, and we requested that
Appellant provide this court with a response showing grounds to continue this
appeal. As of the date of this order, Appellant has not responded to our request.
The documents on file in this appeal show that the trial court signed its order
in the underlying proceeding on June 1, 2018. The notice of appeal was therefore
due to be filed no later than July 2, 2018. See TEX. R. APP. P. 26.1. Appellant filed
his pro se notice of appeal on June 4, 2024—well after the deadline to file had
expired.
We are prohibited from suspending the Rules of Appellate Procedure “to alter
the time for perfecting an appeal in a civil case.” TEX. R. APP. P. 2. Absent a timely
notice of appeal, this court is without jurisdiction to consider this appeal. See
Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 564 (Tex. 2005); Garza v.
Hibernia Nat’l Bank, 227 S.W.3d 233, 233–34 (Tex. App.—Houston [1st Dist.]
2007, no pet.); see also Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).
Because we are without jurisdiction, we must dismiss the appeal. See TEX. R.
APP. P. 42.3(a).
Accordingly, this appeal is dismissed for want of jurisdiction.

W. BRUCE WILLIAMS
JUSTICE

July 11, 2024
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.

2