Patrick Mullins v. Gib Lewis Extension Cellblock ( 2004 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-04-238 CV ____________________

PATRICK LEE MULLINS, Appellant

V.

GIB LEWIS EXTENSION CELLBLOCK, Appellee

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On Appeal from the 1A District Court Tyler County, Texas Trial Cause No. 18558

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MEMORANDUM OPINION ⁽¹⁾  

On October 15, 2004, we notified the parties that the appeal had not been timely perfected. The appellant did not respond to our inquiry regarding jurisdiction. The judgment was signed on April 28, 2004. No motion for new trial was timely filed. The notice of appeal was due May 28, 2004. A motion for extension of time to file notice of appeal was filed. We granted a fifteen day extension of time to file notice of appeal, but appellant did not file notice of appeal by the June 14, 2004 extended deadline, and did not perfect a restricted appeal. The Court finds appellant failed to timely perfect an appeal. The Court further finds that it lacks jurisdiction over this appeal. Accordingly, the appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered December 9, 2004

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

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