Opinion issued November 10, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00363-CV

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GEORGE OLIVARES, Appellant

V.

TDCJ-CID, Appellee

On Appeal from the 412th District Court Brazoria County, Texas

MEMORANDUM OPINION

          We lack jurisdiction to hear this appeal.  Appellant, George Olivares, challenges the trial court’s judgment signed December 17, 2009.  A notice of appeal must be filed within 30 days after a judgment is signed.  See Tex. R. App. P. 26.1.  Appellant’s deadline to file his notice of appeal was Tuesday, January 19, 2010, which was the first business day following the thirtieth calendar day.  See Tex. R. App. P. 4.1(a).  Appellant filed his notice of appeal on April 26, 2010, which is 97 days after the deadline.  An untimely notice of appeal fails to vest the appellate court with jurisdiction to hear the case.        

          We dismiss this appeal for lack of jurisdiction.

We deny all pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Alcala, and Sharp.