Opinion
No. 05-04-01509-CV
Opinion issued November 12, 2004.
On Appeal from the 134th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 03-05523.
Dismissed.
Before Chief Justice THOMAS, and Justices LANG-MIERS and MAZZANT.
MEMORANDUM OPINION
The trial court signed a final judgment in this case on August 31, 2004. Appellant filed a motion for new trial on October 1, 2004 and a notice of appeal on October 20, 2004. Appellant's motion for new trial was due no later than September 30, 2004. Tex. R. Civ. P. 329b(a) (motion for new trial must be filed within thirty days of the date the judgment is signed). Because appellant failed to file a timely motion for new trial, appellant's notice of appeal was due no later than September 30, 2004. Tex.R.App.P. 26.1 (a) (notice of appeal due no later than thirty days after the date the judgment is signed unless a timely motion for new trial is filed). Appellant's notice of appeal is untimely thus this Court does not have jurisdiction over this appeal. The Court GRANTS appellee's motion to dismiss. Accordingly, the Court DISMISSES this appeal. Tex.R.App.P. 42.3.