Nedra Scott v. Dillard Department Stores, Inc., AKA ( 2011 )

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-11-00099-CV

                                                ______________________________

                                           NEDRA SCOTT, Appellant

                                                                V.

        DILLARD DEPARTMENT STORES, INC., A/K/A ET AL., Appellees

                                            On Appeal from the County Court at Law

                                                             Bowie County, Texas

                                                     Trial Court No. 06C0747-CCL

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                        Memorandum Opinion by Chief Justice Morriss

                                                      MEMORANDUM OPINION

            Nedra Scott has filed a notice of appeal from the trial court’s order of September 23, 2009, dismissing her case for want of prosecution.  Scott timely filed a motion to reconsider.  Therefore, her notice of appeal had to be filed within ninety days of the date the judgment was signed.  The last day for filing for the notice of appeal was December 23, 2009.  Tex. R. App. P. 26.1(a), 26.3.  Scott’s notice of appeal was not filed until September 23, 2011, nearly two years late.

            On October 28, 2011, we informed Scott’s attorney of this defect and directed counsel to show this Court how we had jurisdiction. We further informed counsel that, if no response was received by November 7, 2011, the appeal would be dismissed for want of jurisdiction.  It is now December 7, 2011, and no response has been received.

            We dismiss the appeal for want of jurisdiction.

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          December 7, 2011      

Date Decided:             December 8, 2011