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Biscamp v. Moore

Court of Appeals of Texas, Ninth District, Beaumont
Nov 20, 2008
No. 09-08-399 CV (Tex. App. Nov. 20, 2008)

Opinion

No. 09-08-399 CV

Opinion Delivered November 20, 2008.

On Appeal from the 1st District Court, Jasper County, Texas, Trial Cause No. 28308.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.


MEMORANDUM OPINION


On October 9, 2008, we notified the parties that the notice of appeal did not appear to have been timely filed. In response, the appellant contends he was not notified that his motion for new trial had been overruled. The trial court signed the judgment on March 27, 2008. Assuming the appellate timetables were extended by the timely filing of a post-judgment motion, notice of appeal was due to be filed on or before June 25, 2008, without regard to the trial court's action on the motion for new trial. See Tex. R. App. P. 26.1(a). Appellant filed notice of appeal on September 17, 2008, more than ninety days from the date of judgment and outside the time for which we may grant an extension of time to perfect appeal. See Tex. R. App. P. 26.3. This Court lacks jurisdiction over this appeal.

Accordingly, we dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.


Summaries of

Biscamp v. Moore

Court of Appeals of Texas, Ninth District, Beaumont
Nov 20, 2008
No. 09-08-399 CV (Tex. App. Nov. 20, 2008)
Case details for

Biscamp v. Moore

Case Details

Full title:DON BISCAMP, SR., Appellant v. JEANETTE MOORE, Appellee

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Nov 20, 2008

Citations

No. 09-08-399 CV (Tex. App. Nov. 20, 2008)