Opinion
No. 14-11-00044-CV
Opinion filed March 17, 2011.
On Appeal from the 215th District Court, Harris County, Texas, Trial Court Cause No. 2009-39815.
Panel consists of Justices BROWN, BOYCE, and JAMISON.
MEMORANDUM OPINION
This is an appeal from a judgment signed October 1, 2010. Appellant filed a timely motion for new trial. The notice of appeal was due December 30, 2010. See TEX. R. APP. P. 26.1. Appellant, however, filed his notice of appeal on January 10, 2011, a date within 15 days of the due date for the notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant did not file a motion to extend time to file the notice of appeal. On February 8, 2011, we ordered appellant to file a proper motion to extend time to file the notice of appeal on or before February 28, 2011. See TEX. R. APP. P. 26.3;10.5(b). Appellant did not file a motion. We, therefore, dismiss the appeal. See Tex. R. App. P. 42.3.