Jimmy L. Bruton v. R. J. Reynolds, Inc. and J. Tyler Wilson, CEO

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-00-00779-CV

Jimmy L. Bruton, Appellant

v.

R. J. Reynolds, Inc. and J. Tyler Wilson, CEO, Appellees

FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 340TH JUDICIAL DISTRICT

NO. C-00-0752-C, HONORABLE CURT F. STEIB, JUDGE PRESIDING

PER CURIAM

Jimmy Bruton attempts to appeal a judgment dismissing as frivolous his suit against appellees R. J. Reynolds, Inc. and J. Tyler Wilson, CEO. The trial court signed the judgment on July 5, 2000. Having filed no extending motion, Bruton was required to file a notice of appeal thirty days later, or by August 4. Tex. R. App. P. 26.1. Bruton instead filed a notice of appeal on December 5.

Because Bruton filed his notice of appeal more than thirty days after the judgment was signed, his notice was untimely. Bruton further cannot avail himself of an extension of time to perfect appeal. See id. 26.3. We are, therefore, without jurisdiction over the appeal. Davies v. Massey, 561 S.W.2d 799, 801 (Tex. 1978).

We dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

Before Justices Kidd, B. A. Smith and Puryear

Dismissed for Want of Jurisdiction

Filed: January 11, 2001

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