COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 2-09-439-CV

MICHAEL S. POLLY APPELLANT V. REALPAGES, INC. AND APPELLEES JAMES HARRISON ------------ FROM THE 367TH DISTRICT COURT OF DENTON COUNTY ------------ MEMORANDUM OPINION 1 ------------ Through a letter sent to his counsel on December 16, 2009, we have given appellant Michael S. Polly an opportunity to explain why his notice of appeal was untimely filed 2 and why this appeal should not be dismissed for

 See Tex. R. App. P. 47.4.  The trial court signed its judgment on July 31, 2009. Although appellant timely filed a motion for new trial on August 31, he did not file his notice of appeal in the trial court until December 7, and it was therefore untimely. See Tex. R. Civ. P. 329b(a); Tex. R. App. P. 26.1(a)(1). want of jurisdiction. He has not done so. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 25.1(b), 26.1(a)(1), 42.3(a), 43.2(f); Crites v. Collins, 284 S.W.3d 839, 840 (Tex. 2009) (indicating that the timely filing of a notice of appeal is jurisdictional); Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 564 (Tex. 2005) (same).

TERRIE LIVINGSTON JUSTICE PANEL: LIVINGSTON, DAUPHINOT, and GARDNER, JJ.

DELIVERED: February 18, 2010