in the Interest of N.E.G. ( 2005 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-05-397 CV ____________________

IN THE INTEREST OF N.E.G.

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On Appeal from the 317th District Court Jefferson County, Texas Trial Cause No. C-142515-B

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MEMORANDUM OPINION

We received notice of appeal filed September 2, 2005. 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 judgment was signed on May 16, 2005, and the appellate timetables were extended by the filing of post-judgment motions. A notice of appeal was filed on September 2, 2005, more than 90 days from the date the judgment was signed. Appellant did not establish that the notice of appeal was mailed by the due date. See Tex. R. Civ. P. 5; see also Tex. R. App. P. 9.2(b). The appellant did not file a motion for extension of time with this Court. See Tex. R. App. P. 26.3. The Court finds appellant failed to timely perfect an appeal, and further failed to present a reasonable explanation for the need for an extension. Tex. R. App. P. 26.1(a); Tex. R. App. P. 10.5(b)(1).

Accordingly, we dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.

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HOLLIS HORTON

Justice

Opinion Delivered December 8, 2005

Before McKeithen, C.J., Kreger and Horton, JJ.