James B. Davis v. Marilyn Bryan

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-18-00306-CV

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JAMES B. DAVIS, Appellant V.

MARILYN BRYAN, Appellee

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On Appeal from the 284th District Court Montgomery County, Texas

Trial Cause No. 15-11-11701-CV ________________________________________________________ _____________

MEMORANDUM OPINION

On August 15, 2018, we notified the parties that the notice of appeal did not appear to have been timely filed. The appellant, James B. Davis, did not file a response.

The trial court signed the judgment on March 7, 2018. By filing a motion for new trial within thirty days of the date of the judgment, Davis extended the time for perfecting his appeal to June 5, 2018. See Tex. R. App. P. 26.1(a)(1). Davis filed a notice of appeal on August 10, 2018, but by that date his notice was untimely and

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outside the period for which we may extend the applicable appellate deadline. See Tex. R. App. P. 26.1(a)(1), 26.3. Accordingly, the appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.

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STEVE McKEITHEN

Chief Justice

Submitted on September 26, 2018 Opinion Delivered September 27, 2018

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