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In Interest of S.M.

Court of Appeals of Texas, Ninth District, Beaumont
Aug 12, 2004
No. 09-04-190 CV (Tex. App. Aug. 12, 2004)

Opinion

No. 09-04-190 CV

Opinion Delivered August 12, 2004.

On Appeal from the County Court at Law No. 2, Angelina County, Texas, Trial Cause No. DV-35587-03-05.

Appeal Dismissed.

Winfred Simmons, II, Lufkin, TX, for appellant.

Jimmy A. Cassels, Cassels Reynolds, Lufkin, TX, for appellee.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.


MEMORANDUM OPINION


We received notice of appeal filed April 2, 2004. We notified the parties that the notice of appeal did not appear to have been timely filed. The appellant did not reply to our correspondence. The judgment was signed on March 2, 2004, and the appellate timetables were not extended by the filing of post-judgment motions. A notice of appeal was filed on April 2, 2004, more than 30 days from the date the judgment was signed. Appellant did not establish that the notice of appeal was mailed by the due date. See Tex. R. Civ. P. 5. The appellant did not file a motion for extension of time with this Court. See Tex.R.App.P. 26.3. The Court finds appellant failed to timely perfect an appeal, and further failed to present a reasonable explanation for her need for an extension. Tex.R.App.P. 10.5(b)(1)(c).

Accordingly, we dismiss the appeal for lack of jurisdiction.


Summaries of

In Interest of S.M.

Court of Appeals of Texas, Ninth District, Beaumont
Aug 12, 2004
No. 09-04-190 CV (Tex. App. Aug. 12, 2004)
Case details for

In Interest of S.M.

Case Details

Full title:IN THE INTEREST OF S.M

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

Date published: Aug 12, 2004

Citations

No. 09-04-190 CV (Tex. App. Aug. 12, 2004)