In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-16-00376-CV ________________ SHARIQ MASOOD KHAN, Appellant V. BROOKE ERIN KHAN, Appellee __________________________________________________________________ On Appeal from the County Court at Law No. 3 Montgomery County, Texas Trial Cause No. 16-05-05774-CV __________________________________________________________________ MEMORANDUM OPINION On October 13, 2016, we notified the parties that the notice of appeal did not appear to have been timely filed. The appellant did not file a response. The trial court signed the judgment on June 9, 2016, and the appellate timetables were extended by the timely filing of a motion for new trial. See Tex. R. App. P. 26.1(a).

Notice of appeal was due to be filed on September 7, 2016.

Appellant filed a notice of appeal on September 30, 2016, more than ninety days from the date of judgment and outside the period 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 dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.

______________________________ LEANNE JOHNSON Justice

Submitted on November 16, 2016 Opinion Delivered November 17, 2016 Before McKeithen, C.J., Kreger and Johnson, JJ.