Court of Civil Appeals of Texas, 2008

Youlanda Fontenot v. Tracey Pearson

Youlanda Fontenot v. Tracey Pearson
Court of Civil Appeals of Texas · Decided March 20, 2008

Youlanda Fontenot v. Tracey Pearson

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



______________________

NO. 09-08-051 CV

______________________

YOULANDA FONTENOT, Appellant



v.



TRACEY PEARSON, Appellee




On Appeal from the County Court at Law No. 1

Jefferson County, Texas

Trial Cause No. 104656




MEMORANDUM OPINION

On February 21, 2008, we notified the parties that the notice of appeal did not appear to have been timely filed. The appellant's response explains that the appellant thought the appellate deadlines ran from the date the trial court overruled her motion for new trial. The trial court signed the judgment on October 9, 2007 and the appellate timetables were extended by the timely filing of post-judgment motions. Notice of appeal was due to be filed on January 7, 2008. See Tex. R. App. P. 26.1(a). Youlanda Fontenot filed notice of appeal on February 5, 2008, more than 90 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.

____________________________

DAVID GAULTNEY

Justice

Opinion Delivered March 20, 2008

Before Gaultney, Kreger, and Horton, JJ.

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