Don Biscamp, Sr. v. Jeanette Moore

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-08-399 CV ____________________

DON BISCAMP, SR., Appellant

V.

JEANETTE MOORE, Appellee

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On Appeal from the 1st District Court Jasper County, Texas Trial Cause No. 28308

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MEMORANDUM OPINION

On October 9, 2008, we notified the parties that the notice of appeal did not appear to have been timely filed. In response, the appellant contends he was not notified that his motion for new trial had been overruled. The trial court signed the judgment on March 27, 2008. Assuming the appellate timetables were extended by the timely filing of a post-judgment motion, notice of appeal was due to be filed on or before June 25, 2008, without regard to the trial court's action on the motion for new trial. See Tex. R. App. P. 26.1(a). Appellant filed notice of appeal on September 17, 2008, more than ninety days from the date of judgment and outside the time for which we may grant an extension of time to perfect appeal. See Tex. R. App. P. 26.3. This Court lacks jurisdiction over this appeal.

Accordingly, we dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.

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CHARLES KREGER

Justice

Opinion Delivered November 20, 2008

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