Opinion
No. 09-04-335 CV
Opinion Delivered October 21, 2004.
On Appeal from the 284th District Court, Montgomery County, Texas, Trial Cause No. 03-08-06084 Cv.
Appeal Dismissed.
Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.
MEMORANDUM OPINION
Tex.R.App.P. 47.4.
We received notice of appeal filed August 6, 2004. We notified the parties that the notice of appeal did not appear to have been timely filed. In his response, the appellant conceded that the motion for new trial was not filed within thirty days of judgment. The judgment was signed on May 12, 2004. No motion for new trial was timely filed. A notice of appeal was filed on August 6, 2004, more than 30 days from the date the judgment was signed and outside the period of time for which an extension of time to file notice of appeal may be granted. See Tex.R.App.P. 26.1, 26.3. The Court finds appellant failed to timely perfect an appeal. The Court further finds that it lacks jurisdiction over this appeal. Accordingly, the appeal is dismissed for lack of jurisdiction.