Opinion
No. 09-10-00091-CV
Opinion Delivered April 22, 2010.
On Appeal from the 136th District Court Jefferson County, Texas, Trial Cause No. D-182,242.
Before GAULTNEY, KREGER, and HORTON, JJ.
MEMORANDUM OPINION
On March 18, 2010, 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 trial court signed the final order on January 19, 2010. Notice of appeal was due to be filed on February 18, 2010. See TEX. R. APP. P. 26.1. Appellant filed notice of appeal on February 24, 2010, more than 30 days from the date of judgment. Appellant has not provided any plausible statement of circumstances to indicate that his failure to timely file notice of appeal was not deliberate or intentional, but was the result of inadvertence, mischance, or mistake. See Houser v. McElveen, 243 S.W.3d 646, 647 (Tex. 2008). Accordingly, we dismiss the appeal for lack of jurisdiction.
Appellant may seek reinstatement of the appeal by filing a motion for rehearing that explains why the notice of appeal was not timely filed. See TEX. R. APP. P. 49.1.
APPEAL DISMISSED.