09‑0424  FREDRICK GILANI v. MOJGAN JALAILI-NAEINI; from Denton County;
2nd district (
02‑09‑00015‑CV, ___ SW3d ___, 03‑19‑09, pet denied Oct 2009)
(
untimely notice of appeal, jurisdictional dismissal required)

Appellant Fredrick Gilani is attempting to appeal the trial court=s judgment entered in favor of Appellee
Mojgan Jalaili-Naeini.  The trial court signed the judgment on September 5, 2008.  Gilani timely filed a
motion for new trial on September 18, 2008.  See Tex. R. Civ. P. 329b(a) (providing that motion for new trial
shall be filed within thirty days after the judgment is signed).  Therefore, Gilani=s notice of appeal was due
on or before December 4, 2008, but it was not filed until January 12, 2009.  See Tex. R. App. P. 26.1(a)(1)
(requiring notice of appeal to be filed within ninety days of the date of the judgment if a motion for new trial
is timely filed by any party).

Because Gilani=s notice of appeal appeared to be untimely filed, we notified Gilani on February 3, 2009, of
our concern that this court may not have jurisdiction over the appeal and informed him that unless he or
any party desiring to continue the appeal filed with the court a response showing grounds for continuing the
appeal, this appeal would be dismissed for want of jurisdiction.  See Tex. R. App. P. 42.3(a), 44.3.  Gilani
filed a response, but it does not show grounds for continuing the appeal.

The times for filing a notice of appeal are jurisdictional in this court, and absent a timely filed notice of
appeal or extension request, we must dismiss the appeal.  See Tex. R. App. P. 25.1(b); Verburgt v. Dorner,
959 S.W.2d 615, 617 (Tex. 1997).  Accordingly, we dismiss this appeal for want of jurisdiction.  See Tex. R.
App. P. 42.3(a), 43.2(f).

PER CURIAM

PANEL:  MEIER, J.; CAYCE, C.J.; and LIVINGSTON, J.

DELIVERED:  March 19, 2009

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[1]See Tex. R. App. P. 47.4.


   COURT OF APPEALS

                                               SECOND DISTRICT OF TEXAS

                                                               FORT WORTH





                                      NO. 2-09-015-CV





FREDRICK GILANI                                                                APPELLANT



                                                 V.



MOJGAN JALAILI-NAEINI                                                        APPELLEE



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          FROM THE 367TH DISTRICT COURT OF DENTON COUNTY



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