On October 9, 2008, we notified the parties that the notice of appeal did not appear to have been timely filed. The appellant and the appellee filed responses to our correspondence. The trial court signed the judgment on May 5, 2004, and the appellate timetables were not extended by the timely filing of post-judgment motions. Notice of appeal was due to be filed on June 4, 2008. See Tex. R. App. P. 26.1. Appellant filed notice of appeal on August 22, 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. ⁽¹⁾

APPEAL DISMISSED.

_______________________________

STEVE McKEITHEN

Chief Justice

Opinion Delivered November 20, 2008

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

1. Appeal No. 09-08-384 CV, James Warren Bright v. John Charles Spurlock and TDCJ Inmate Trust Fund, is not affected by the opinion and judgment in this appeal, and remains before the Court.