Larry James Treakle filed his notice of appeal on February 23, 2007. We notified the parties that the notice of appeal did not appear to have been timely filed. The appellant filed a reply. The judgment was signed on September 8, 2005, and the appellate timetables were not extended by the filing of post-judgment motions. The notice of appeal was filed more than 30 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; see also Tex. R. App. P. 9.2(b). The Court finds appellant failed to timely perfect an appeal. Tex. R. App. P. 26.1.

Accordingly, we dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.

____________________________

HOLLIS HORTON

Justice

Opinion Delivered March 22, 2007

Before McKeithen, C.J., Kreger and Horton, JJ.