Opinion
No. 05-09-00675-CV
Opinion Filed August 28, 2009.
On Appeal from the County Court at Law No. 1, Kaufman County, Texas, Trial Court Cause No. 76249CC.
Before Chief Justice THOMAS and Justices O'NEILL and MURPHY.
MEMORANDUM OPINION
The trial court's judgment in this case was signed September 9, 2008 and appellant filed a timely motion for new trial. Therefore, his notice of appeal was due by December 8, 2008. See Tex. R. App. P. 26.1(a). Appellant's notice of appeal was filed on June 9, 2009 and referenced a nunc pro tunc judgment signed on May 18, 2009. Because the nunc pro tunc judgment was signed outside the trial court's plenary jurisdiction, we sent the parties a letter seeking briefs addressing our jurisdiction over the appeal. See Cavalier Corp. v. Store Enters., Inc., 742 S.W.2d 785, 787 (Tex. App.-Dallas 1987, writ denied).
Appellant responded that he agreed the Court probably did not have jurisdiction and was "dismissing" his appeal as of the date of the July 31, 2009 letter. We will treat the letter as a motion to dismiss.
As such, we grant appellant's motion and dismiss the appeal. See Tex. R. App. P. 42.1(a).