Anthony R. Jones v. Southern Star Concrete

Dismissed and Memorandum Opinion filed March 17, 2011.

In The

Fourteenth Court of Appeals

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NO. 14-11-00044-CV

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ANTHONY R. JONES, Appellant

V.

SOUTHERN STAR CONCRETE, Appellee

On Appeal from the 215th District Court

Harris County, Texas

Trial Court Cause No. 2009-39815

M E M O R A N D U M   O P I N I O N

            This is an appeal from a judgment signed October 1, 2010. Appellant filed a timely motion for new trial.  The notice of appeal was due December 30, 2010.  See Tex. R. App. P. 26.1.  Appellant, however, filed his notice of appeal on January 10, 2011, a date within 15 days of the due date for the notice of appeal.  See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).  Appellant did not file a motion to extend time to file the notice of appeal.  On February 8, 2011, we ordered appellant to file a proper motion to extend time to file the notice of appeal on or before February 28, 2011.  See Tex. R. App. P. 26.3;10.5(b).  Appellant did not file a motion.  We, therefore, dismiss the appeal.  See Tex. R. App. P. 42.3.

                                                                        PER CURIAM

Panel consists of Justices Brown, Boyce, and Jamison.