Wesley Carey, Jr. v. Janice M. Greene, Robert A. Komer, and Cecil O. Campbell

98124CV.SafecoInsCo.ab.pcd

  IN THE

TENTH COURT OF APPEALS

No. 10-98-310-CV

     WESLEY CAREY, JR.,

                                                                              Appellant

     v.

     JANICE M. GREENE, ROBERT

     A. KOMER, AND CECIL O. CAMPBELL,

                                                                              Appellees

From the 278th District Court

Madison County, Texas

Trial Court # 97-8243-278-10

MEMORANDUM OPINION

      According to information contained in Appellant Wesley Carey, Jr.’s notice of appeal and confirmed by the trial court clerk, the trial court dismissed Carey’s suit by written order on June 18, 1998, finding that the cause was frivolous and malicious. Carey did not file a motion for new trial. According to the certificate of service in the notice of appeal, Carey mailed the notice on August 12, 55 days after the court dismissed his lawsuit. Thus, his notice of appeal is untimely. See Tex. R. App. P. 26.1; Raley v. Lile, 861 S.W.2d 102, 105-06 (Tex. App.—Waco 1993, writ denied) (untimely appeal bond). Because Carey did not timely file his notice of appeal, we lack jurisdiction over the appeal. Id. Accordingly, we dismiss the appeal for want of jurisdiction.

                                                                               PER CURIAM

Before Chief Justice Davis,

            Justice Vance, and

            Justice Campbell (assigned)

Dismissed for want of jurisdiction

Opinion delivered and filed October 14, 1998

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