James Price, Sr. v. Cassandra Price ( 2004 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-04-388 CV ____________________

JAMES PRICE, SR., Appellant

V.

CASSANDRA PRICE, Appellee

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On Appeal from the 1-A District Court Jasper County, Texas Trial Cause No. 25328

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MEMORANDUM OPINION ⁽¹⁾  

We received notice of appeal filed September 13, 2004. 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 August 3, 2004, and the appellate timetables were extended by the filing of post-judgment motions. A notice of appeal was filed on September 3, 2004, more than 30 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. 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 her need for an extension. Tex. R. App. P. 10.5(b)(1)(c).

Accordingly, we dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered December 16, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.