Court of Civil Appeals of Texas, 2006

Leslie Lloyd v. Jerry L. Phifer and Brenda S. Phifer

Leslie Lloyd v. Jerry L. Phifer and Brenda S. Phifer
Court of Civil Appeals of Texas · Decided January 26, 2006

Leslie Lloyd v. Jerry L. Phifer and Brenda S. Phifer

Opinion

Opinion filed January 26, 2006

 

 

Opinion filed January 26, 2006

 

 

 

 

 

 

                                                                        In The

                                                                             

    Eleventh Court of Appeals

                                                                   __________

 

                                                          No. 11-05-00404-CV

 

                                                    __________

 

                                         LESLIE LLOYD, Appellant

 

                                                             V.

 

                 JERRY L. PHIFER AND BRENDA S. PHIFER, Appellees

 

 

                                         On Appeal from the 118th District Court

 

                                                         Howard County, Texas

 

                                                   Trial Court Cause No. 43,929

 

 

                                              M E M O R A N D U M   O P I N I O N

 

Leslie Lloyd is attempting to appeal from a judgment signed on October 3, 2005.  On December 16, 2005, Lloyd filed in this court a notice of appeal stating that he did not receive notice of the judgment until December 3, 2005.


On December 19, 2005, the clerk of this court wrote Lloyd and advised him that it appeared the appeal was not timely perfected because the notice of appeal was filed seventy-four days after the date the judgment was signed and not within the required thirty days.  Tex. R. App. P. 26.1.  Lloyd was further advised that, in order to extend the appellate timetable due to lack of notice of the judgment under Tex. R. App. P. 4.2, Lloyd must establish that the trial court has determined the date that he received notice as required by Tex. R. Civ. P. 306a.  Lloyd was further directed to file the required $125 filing fee and to respond within fifteen days showing grounds for continuing this appeal.  There has been no response to our letter of December 19.

Therefore, this appeal is dismissed for want of jurisdiction.

 

PER CURIAM

 

January 26, 2006

Panel consists of:  Wright, C.J., and

McCall, J., and Strange, J.

 

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