APPELLANT

APPELLEE

PER CURIAM

The transcript was tendered for filing with the Clerk of this Court November 4, 1993. Because a motion for new trial was filed, the transcript was due by October 21, 1993, one hundred twenty days after the judgment was signed. Tex. R. App. P. 54(a). A motion for extension of time for late filing the transcript was due by November 5, 1993, fifteen days after the last date for filing the record. Tex. R. App. P. 54(c); see B.D. Click Co. v. Safari Drilling Corp., 638 S.W.2d 860, 862 (Tex. 1982). Appellant Ronald L. Doll's motion for extension of time for late filing the transcript was filed on November 12, 1993.

Because the transcript has not been timely filed, we will dismiss the appeal. Tex. R. App. P. 54(a), 60(a)(1). Doll's motion for extension of time for late filing the transcript is overruled.

The appeal is dismissed.

Before Chief Justice Carroll, Justices Aboussie and B. A. Smith

Appeal Dismissed

Filed: December 8, 1993

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