Timothy Paul Martin v. George W. Bush ( 2006 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-06-420 CV ____________________

TIMOTHY PAUL MARTIN, Appellant

V.

GEORGE W. BUSH, Appellee

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On Appeal from the 58th District Court Jefferson County, Texas Trial Cause No. A-168,951

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MEMORANDUM OPINION

We received notice of appeal filed September 20, 2006. We notified the parties that the notice of appeal did not appear to have been timely filed. The appellant filed a reply. The judgment was signed on January 25, 2006, and the appellate timetables were not extended by the filing of post-judgment motions. A notice of appeal was filed on September 20, 2006, more than 30 days from the date the judgment was signed. Appellant did not establish that the notice of appeal was mailed by the due date. See Tex. R. Civ. P. 5; see also Tex. R. App. P. 9.2(b). The Court finds appellant failed to timely perfect an appeal. Tex. R. App. P. 26.1.

Accordingly, we dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.

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CHARLES KREGER

Justice

Opinion Delivered October 26, 2006

Before Gaultney, Kreger, and Horton, JJ.