Gregory Don Tatum v. Tina Dean Tatum

Opinion filed September 26, 2024

In The

Eleventh Court of Appeals
__________

No. 11-24-00213-CV
__________

GREGORY DON TATUM, Appellant
V.
TINA DEAN TATUM, Appellee

On Appeal from the 118th District Court
Howard County, Texas
Trial Court Cause No. 55666

MEMORANDUM OPINION
On August 2, 2024, Appellant, Gregory Don Tatum, filed a notice of appeal
from the trial court’s final decree of divorce. The clerk of this court instructed
Appellant to pay the $205 filing fee and informed him that his notice of appeal
appeared to be untimely. The trial court signed the final decree of divorce on
April 30, 2024, after which Appellant timely filed a motion for new trial. Because
Appellant’s notice of appeal was due no later than July 29, 2024, Appellant was
directed to file a motion to extend the time to file his notice of appeal no later than
August 13, 2024. See TEX. R. APP. P. 26.1(a)(1), 26.3. In a second letter dated
August 23, 2024, we notified Appellant that the required filing fee, docketing
statement, and motion for an extension of time were past due and, on this court’s
own motion, extended the due date for these filings to August 30, 2024. We further
notified Appellant that the appeal would be subject to dismissal if he failed to comply
with these requirements. See TEX. R. APP. P. 42.3.
As of this date, we have not received a motion for extension of time to file the
notice of appeal, the necessary filing fee, or a docketing statement from Appellant.
Because Appellant’s notice of appeal was untimely filed, and he has failed to file any
of the above as directed by this court, we dismiss the appeal. See TEX. R. APP. P. 5,
26.1, 42.3.

W. STACY TROTTER
JUSTICE

September 26, 2024
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.

2