Opinion
No. 11-04-00244-CV
November 10, 2004.
Appeal from Ector County.
Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCALL, J.
Memorandum Opinion
The trial court signed the judgment on February 4, 2004. Jonathan Sapp filed a motion for new trial on February 11, 2004, and a notice of appeal on September 30, 2004. On October 11, 2004, and again on October 15, 2004, this court notified the parties that the notice of appeal appeared to be out of time and advised Sapp to respond showing grounds for continuing his appeal. Sapp has failed to respond.
The notice of appeal is untimely under TEX.R.APP.P. 26.1; and Sapp has neither filed a motion for extension of time under TEX.R.APP.P. 26.3 nor established that he has acted in good faith as required by Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997). Therefore, Sapp has not properly perfected an appeal to this court.
The appeal is dismissed for want of jurisdiction.