Brandon Lanard McDonald v. Officer F. Coffin Three ( 2008 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-08-431 CV ____________________

BRANDON LANARD MCDONALD, Appellant

V.

OFFICER F. COFFIN THREE, ET AL., Appellees

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On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-178,300

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MEMORANDUM OPINION

On October 16, 2008, we notified the parties that the notice of appeal did not appear to have been timely filed. The appellant filed a reply to our correspondence but failed to establish that he invoked the jurisdiction of this Court in a timely manner. The trial court signed the judgment on April 8, 2008, and the appellate timetables were not extended by the timely filing of post-judgment motions. Notice of appeal was due to be filed on May 8, 2008. See Tex. R. App. P. 26.1. Appellant filed notice of appeal on October 7, 2008, more than thirty 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.

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HOLLIS HORTON

Justice

Opinion Delivered December 4, 2008

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