Court of Civil Appeals of Texas, 2004

Barbara Medellin, Individually and on Behalf of the Estate of John McGrew, and on Behalf of All Heirs of John McGrew v. Big Horn Auto Sales, Inc.

Barbara Medellin, Individually and on Behalf of the Estate of John McGrew, and on Behalf of All Heirs of John McGrew v. Big Horn Auto Sales, Inc.
Court of Civil Appeals of Texas · Decided January 15, 2004

Barbara Medellin, Individually and on Behalf of the Estate of John McGrew, and on Behalf of All Heirs of John McGrew v. Big Horn Auto Sales, Inc.

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-03-373 CV

____________________



BARBARA MEDELLIN, INDIVIDUALLY AND ON BEHALF OF

THE ESTATE OF JOHN MCGREW, DECEASED, AND ON BEHALF OF

ALL HEIRS OF JOHN MCGREW, Appellant



V.



BIG HORN AUTO SALES, INC., Appellee




On Appeal from the 284th District Court

Montgomery County, Texas

Trial Cause No. 03-07-05489 CV




MEMORANDUM OPINION (1)

We received notice of appeal filed August 13, 2003. We notified the parties that the notice of appeal did not appear to have been timely filed. The appellant did not reply to our correspondence. The summary judgment was signed on March 24, 2003, and made final by the signing of a severance order on May 9, 2003. Motion for new trial was filed on June 9, 2003. A notice of appeal was filed on August 13, 2003, more than 90 days from the date the judgment was signed. Appellant did not establish that the notice of appeal was mailed by the due date. See Tex. R. Civ. P. 5. The appellant did not file a motion for extension of time with this Court. See Tex. R. App. P. 26.3. The Court finds appellant failed to timely perfect an appeal, and further failed to present a reasonable explanation for her need for an extension. Tex. R. App. P. 10.5(b)(1)(c).

Accordingly, we dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.

PER CURIAM





Opinion Delivered January 15, 2004

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

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

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