On September 10, 2009, we notified the parties that the notice of appeal did not appear to have been timely filed. The appellant did not reply to our correspondence. The trial court signed the judgment on May 12, 2009, and the appellate timetables were extended by the timely filing of post-judgment motions. Notice of appeal was due to be filed on August 10, 2009. See Tex. R. App. P. 26.1(a). Appellant filed notice of appeal on August 31, 2009, 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.

__________________________________

CHARLES KREGER

Justice

Opinion Delivered October 8, 2009

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