APPELLANT

APPELLEES

PER CURIAM

Appellant H.P. Brelsford tendered the transcript for filing with the Clerk of this Court on March 8, 1994. Because the motion for new trial filed November 18, 1993, was specifically directed at the district court's September 28, 1993, interlocutory judgment and not the October 14, 1993, final judgment, the motion for new trial does not extend the time to tender the record. See Tex. R. App. P. 54(a). Furthermore, the motion for new trial was untimely even if it was directed at the October 14 final judgment. See Tex. R. Civ. P. 329b(a). The transcript was due by December 13, 1993, sixty days after the judgment was signed. See Tex. R. App. P. 54(a). A motion for extension of time for late filing of the transcript was due by December 28, 1993, fifteen days after the last date for filing the record. See Tex. R. App. P. 54(c); see B.D. Click Co. v. Safari Drilling Corp., 638 S.W.2d 860, 862 (Tex. 1982). Appellant did not file a motion for extension of time to file the transcript.

Because the transcript has not been timely filed, we will dismiss the appeal. Tex. R. App. P. 54(a), 60(a)(2).

The appeal is dismissed.

Before Justices Powers, Aboussie and Jones

Appeal Dismissed

Filed: May 11, 1994

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