Court of Civil Appeals of Texas, 2008

Brandon Lanard McDonald v. Officer F. Coffin Three

Brandon Lanard McDonald v. Officer F. Coffin Three
Court of Civil Appeals of Texas · Decided December 4, 2008

Brandon Lanard McDonald v. Officer F. Coffin Three

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-08-431 CV

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BRANDON LANARD MCDONALD, Appellant



V.



OFFICER F. COFFIN THREE, ET AL., Appellees




On Appeal from the 172nd District Court

Jefferson County, Texas

Trial Cause No. E-178,300




MEMORANDUM OPINION

On October 16, 2008, we notified the parties that the notice of appeal did not appear to have been timely filed. The appellant filed a reply to our correspondence but failed to establish that he invoked the jurisdiction of this Court in a timely manner. The trial court signed the judgment on April 8, 2008, and the appellate timetables were not extended by the timely filing of post-judgment motions. Notice of appeal was due to be filed on May 8, 2008. See Tex. R. App. P. 26.1. Appellant filed notice of appeal on October 7, 2008, more than thirty days from the date of judgment and outside the time for which we may grant an extension of time to perfect appeal. See Tex. R. App. P. 26.3. This Court lacks jurisdiction over this appeal.

Accordingly, we dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.



____________________________

HOLLIS HORTON

Justice



Opinion Delivered December 4, 2008

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

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