Opinion
No. 04-04-00435-CV
Delivered and Filed: September 15, 2004.
Appeal from the 407th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-CI-01459, Honorable Martha Tanner, Judge Presiding.
Dismissed.
Sitting: Alma L. LÓPEZ, Chief Justice, Sandee Bryan MARION, Justice and Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
The trial court signed a final judgment on May 10, 2004. Because appellant did not file a motion for new trial, motion to modify the judgment, motion for reinstatement, or request for findings of fact and conclusions of law, the notice of appeal was due to be filed on June 9, 2004. See Tex.R.App.P. 26.1(a). A motion for extension of time to file the notice of appeal was due on June 24, 2004. See Tex.R.App.P. 26.3. Appellant filed his notice of appeal on June 25, 2004; however, the clerk's record contains a copy of his postmarked envelope dated June 15, 2004. Although appellant mailed his notice of appeal within the grace period allowed by Rule 26.3, he did not file a motion for extension of time. Therefore, on July 29, 2004, we ordered appellant to file, no later than August 3, 2004, a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. Our order stated that if appellant failed to respond within the time provided, the appeal would be dismissed. See Tex.R.App.P. 42.3(c). Appellant has not responded. Therefore, this appeal is dismissed. See Tex.R.App.P. 42.3(c).