in the Interest of A.C.L. ( 2007 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

______________________ NO. 09-07-536 CV ______________________ IN THE INTEREST OF A.C.L.

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On Appeal from County Court at Law No. 3 Montgomery County, Texas Trial Cause No. 05-06-05528 CV

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  MEMORANDUM OPINION

On November 8, 2007, we notified the parties that the notice of appeal did not appear to have been timely filed. The trial court signed a judgment terminating Kendall Wayne Brown's parental rights on November 7, 2006. Notice of appeal was due to be filed on November 27, 2006. See Tex. R. App. P. 26.1(b). In his reply to the Court, Brown contends he attempted to contact his attorney about obtaining a copy of his file on May 17, 2007, but he does not identify any document that was intended to invoke our appellate jurisdiction and that he made a bona fide attempt to file with the trial court within the time permitted for perfecting the appeal. Brown filed notice of appeal on October 18, 2007, more than twenty days from the date of judgment and outside the time for which we may grant an extension of time to perfect appeal. See Tex. R. App. P. 26.3. This Court lacks jurisdiction over this appeal.

Accordingly, we dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.

DAVID GAULTNEY

Justice

Opinion Delivered December 20, 2007

Before Kreger, Gaultney, and Horton, JJ.