in Re Commitment of Bruce McCain ( 2006 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-06-401 CV ____________________

IN RE COMMITMENT OF BRUCE MCCAIN

---

On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 03-10-07757 CV

---

MEMORANDUM OPINION

We received notice of appeal filed September 18, 2006. We notified the parties that the notice of appeal did not appear to have been timely filed. In his response, the appellant conceded that the notice of appeal was filed late but requested an out-of-time appeal. The judgment was signed on May 24, 2006. A motion for new trial was timely filed on June 23, 2006. A notice of appeal was mailed September 8, 2006, and was filed on September 18, 2006, more than 90 days from the date the judgment was signed and outside the period of time for which an extension of time to file notice of appeal may be granted. See Tex. R. App. P. 26.1, 26.3. The Court finds appellant failed to timely perfect an appeal. The Court further finds that it lacks jurisdiction over this appeal. Accordingly, the appellant's motion to continue the appeal is denied and the appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.

____________________________

STEVE McKEITHEN

Chief Justice

Opinion Delivered October 26, 2006

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