Opinion
No. 01-10-00363-CV
Opinion issued November 10, 2010.
On Appeal from the 412th District Court, Brazoria County, Texas, Trial Court Cause No. 41345.
Panel consists of Justices JENNINGS, ALCALA, and SHARP.
MEMORANDUM OPINION
We lack jurisdiction to hear this appeal. Appellant, George Olivares, challenges the trial court's judgment signed December 17, 2009. A notice of appeal must be filed within 30 days after a judgment is signed. See TEX. R. APP. P. 26.1. Appellant's deadline to file his notice of appeal was Tuesday, January 19, 2010, which was the first business day following the thirtieth calendar day. See TEX. R. APP. P. 4.1(a). Appellant filed his notice of appeal on April 26, 2010, which is 97 days after the deadline. An untimely notice of appeal fails to vest the appellate court with jurisdiction to hear the case.
We dismiss this appeal for lack of jurisdiction.
We deny all pending motions as moot.