11th Court of Appeals

Eastland, Texas

Memorandum Opinion

Jonathan Sapp

            Appellant

Vs.                  No. 11-04-00244-CV -- Appeal from Ector County

Federated Financial Company

            Appellee

            The trial court signed the judgment on February 4, 2004. Jonathan Sapp filed a motion for new trial on February 11, 2004, and a notice of appeal on September 30, 2004. On October 11, 2004, and again on October 15, 2004, this court notified the parties that the notice of appeal appeared to be out of time and advised Sapp to respond showing grounds for continuing his appeal. Sapp has failed to respond.

            The notice of appeal is untimely under TEX.R.APP.P. 26.1; and Sapp has neither filed a motion for extension of time under TEX.R.APP.P. 26.3 nor established that he has acted in good faith as required by Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997). Therefore, Sapp has not properly perfected an appeal to this court.

            The appeal is dismissed for want of jurisdiction.

                                                                                                PER CURIAM

November 10, 2004

Not designated for publication. See TEX.R.APP.P. 47.2(a).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.