TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-06-00708-CV

Hill, Gilstrap, Riggs, Adams, & Graham, L.L.P., Appellant v. Mark F. Schuster, Individually et al., Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT NO. D-1-GN-02-000513, HONORABLE STEPHEN YELENOSKY, JUDGE PRESIDING

MEMORANDUM OPINION On January 12, 2007, this Court sent Hill, Gilstrap, Riggs, Adams, & Graham, L.L.P. (Hill) a notice advising it that a preliminary review of the record indicated that Hill’s notice of appeal may not have been timely filed and requesting a response from Hill by January 22, 2007. See Tex. R. App. P. 42.3. In response, Hill filed a motion to dismiss the appeal on January 22, 2007, acknowledging that its notice of appeal was not timely filed. Because the notice of appeal was not timely filed, this Court lacks jurisdiction. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).

Accordingly, we dismiss the appeal.

_____________________________________ Diane Henson, Justice Before Chief Justice Law, Justices Puryear and Henson Dismissed for Want of Jurisdiction Filed: January 29, 2007