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In re Marriage of Sinyard

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Order of Dismissal

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Rodney Wayne Sinyard filed his notice of appeal in this cause on January 30, 2008. The final judgment from which he appealed was signed by the trial court on November 7, 2007. Normally, an appeal must be perfected within 30 days of the date the judgment is signed. However, that deadline can be extended to 90 days if, among other things, the appellant timely requests findings of fact and conclusions of law. Tex. R. App. P. 26.1(a)(4). That is what Rodney purported to do here. Thus, he had 20 days from November 7, 2007 (or until November 27, 2007) to submit his request for such findings and conclusions. Tex. R. App. P. 296 (stating that the request must be filed within 20 days of the date the judgment was signed). However, his request was not filed until December 6, 2007. It being late, it did not serve to extend the time within which he had to perfect his appeal.

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