On May 27, 2003, the appellee, Michael Odom, filed a motion to dismiss this appeal for lack of jurisdiction. The appellant did not respond to the motion. The judgment was signed on March 27, 2003. No motion for new trial was filed. A notice of appeal was filed on May 12, 2003, more than 30 days from the date the judgment was signed. Appellant did not establish that the notice of appeal was mailed by the due date. The appellant did not file a motion for extension of time with this Court. The Court finds appellant failed to timely perfect an appeal, and further failed to present a reasonable explanation for his failure to timely perfect appeal.

The appellee's notice of cross-appeal was filed subject to his motion to dismiss the appeal. Therefore, we will address the motion to dismiss the appeal as a motion for voluntary dismissal of the cross-appeal as well as a motion to dismiss the appeal of Franklin Delano Gans. See Tex. R. App. P. 42.1(a)(1).

It is, therefore, ORDERED that the motion to dismiss the appeal be GRANTED and the appeal is DISMISSED. The appellee's request for damages for filing of a frivolous appeal is DENIED. Costs are assessed against the appellant.

PER CURIAM

Opinion Delivered June 19, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.