Court of Civil Appeals of Texas, 2004

Virginia Gail Mathison, Individually and as Representative of the Estate of...

Court of Civil Appeals of Texas · Decided April 15, 2004

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-04-143 CV

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VIRGINIA GAIL MATHISON, INDIVIDUALLY AND AS REPRESENTATIVEOF THE ESTATE OF MARK MATHISON, CHRISTOPHER ALLAN MATHISON,MARK JOSEPH MATHISON, MARTHA LOU STRONG,

AND BOBBIE GREEN, JR., Appellants

THE STATE OF TEXAS, TEXAS DEPARTMENT OF PUBLIC SAFETY

AND KEVIN BURMAN, Appellees

On Appeal from the 411th District Court

San Jacinto County, Texas

Trial Cause No. 9977, consolidated with 10366

MEMORANDUM OPINION⁽¹⁾

On March 31, 2004, the appellees filed a motion to dismiss this appeal. The judgment was signed on December 4, 2003. A motion for new trial was filed within thirty days of the date the judgment was signed. A notice of appeal was filed on March 23, 2004, more than 90 days from the date the judgment was signed. No motion for extension of time has been filed. The Court finds the appellants failed to timely perfect an appeal. The Court further finds that it lacks jurisdiction over this appeal.

It is therefore ordered that the appellees' motion to dismiss is granted. We dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered April 15, 2004

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

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

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