Terry Sozanski, Trustee v. Ernest Roger Clemmensen, Highland Capital Lending,...

In The

Court of Appeals

Ninth District of Texas at Beaumont _________________

NO. 09-12-00467-CV _________________

TERRY SOZANSKI, TRUSTEE, Appellant

V.

ERNEST ROGER CLEMMENSEN, HIGHLAND CAPITAL LENDING, INC.

AND ALL OTHER PARTIES SHARING IN THE INTEREST OF HIGHLAND

CAPITAL LENDING, INC., Appellees ________________________________________________________________________ On Appeal from the 9th District Court

Montgomery County, Texas

Trial Cause No. 10-01-00205-CV ________________________________________________________________________ MEMORANDUM OPINION

The trial court signed the judgment on June 1, 2012, and the appellate timetables were not extended by the filing of a post-judgment motion within thirty days of judgment. See Tex. R. App. P. 26.1; Tex. R. Civ. P. 329b(a). Notice of appeal was due to be filed on July 2, 2012. See Tex. R. App. P. 26.1. Appellant filed notice of appeal on September 28, 2012, more than thirty days from the date of judgment and outside the time for which we may grant an extension of time to perfect a regular appeal. See Tex. R.

App. P. 26.1; Tex. R. App. P. 26.3. On October 11, 2012, we notified the parties that the appeal would be dismissed unless the appellant amended his notice of appeal to show that he was pursuing a restricted appeal. See Tex. R. App. P. 30. No response has been filed. Accordingly, we dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.

________________________________ DAVID GAULTNEY Justice

Opinion Delivered November 15, 2012

Before Gaultney, Kreger, and Horton, JJ.