Opinion
No. 09-07-586 CV
Opinion Delivered January 17, 2008.
On Appeal from the County Court at Law No. 1 Jefferson County, Texas, Trial Cause No. 103629.
Before McKEITHEN, C.J., GAULTNEY and KREGER, JJ.
MEMORANDUM OPINION
On December 6, 2007, we notified the parties that the notice of appeal did not appear to have been timely filed. In his reply, Larry Michael Francis contends he timely filed a motion to amend the judgment and argues that motion has not been ruled upon by the trial court. The trial court signed the judgment on August 25, 2006. A timely-filed motion to modify the judgment would have been overruled by operation of law seventy-five days after the judgment was signed. Tex. R. Civ. P. 329b(c). Assuming the motion filed by the appellant extended the appellate timetables, notice of appeal was due to be filed on November 23, 2006. See Tex. R. App. P. 26.1(a). Appellant filed notice of appeal on November 27, 2007, 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.