On December 4, 2008, Chad Davis filed a motion for extension of time to file notice of appeal. The appellee did not file a response to the motion. The trial court signed the judgment on July 31, 2008. Assuming the appellate timetables were extended by the timely filing of a post-judgment motion on or before September 2, 2008, notice of appeal was due to be filed on October 29, 2008. See Tex. R. App. P. 26.1(a). Davis filed a notice of appeal dated November 28, 2008, on December 4, 2008. The notice is both dated and filed more than ninety 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 deny the motion for extension of time to file notice of appeal and dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.

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CHARLES KREGER

Justice

Opinion Delivered January 15, 2009

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