Reidie James Jackson v. Mark W. Stiles Unit

In The

Court of Appeals

Ninth District of Texas at Beaumont _________________

NO. 09-12-00487-CV _________________

REIDIE JAMES JACKSON, Appellant

V.

MARK W. STILES UNIT, et al., Appellees ________________________________________________________________________ On Appeal from the 172nd District Court

Jefferson County, Texas

Trial Cause No. E-189,936 ________________________________________________________________________ MEMORANDUM OPINION

On October 25, 2012, we notified the parties that the notice of appeal did not appear to have been timely filed. The appellant filed a response but failed to establish that a notice of appeal was timely filed to allow either a regular or a restricted appeal. The trial court signed the judgment on January 6, 2012, and the appellate timetables were not extended by the timely filing of a post-judgment motion to reinstate. See Tex. R. App. P. 26.1. Notice of appeal was due to be filed on or before February 6, 2012. Id. Appellant filed the notice of appeal on October 17, 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 appeal. See Tex. R. App. P. 26.3. Accordingly, we must dismiss the appeal.

APPEAL DISMISSED.

________________________________ CHARLES KREGER Justice

Opinion Delivered November 15, 2012

Before Gaultney, Kreger, and Horton, JJ.