Aurita F. Araujo Lindley v. William Dick Lindley

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-16-00414-CV ____________________

AURITA F. ARAUJO LINDLEY, Appellant

V.

WILLIAM DICK LINDLEY, Appellee _______________________________________________________________________ On Appeal from the 279th District Court Jefferson County, Texas

Trial Cause No. F-225,100 _______________________________________________________________________ MEMORANDUM OPINION

On November 7, 2016, we notified the parties that the notice of appeal did not appear to have been timely filed. The appellant, Aurita F. Araujo Lindley, then filed a motion for an extension of time to file her notice of appeal.

The trial court signed the judgment on June 24, 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 22, 2016. Id. Appellant filed a notice of appeal on October 28, 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. Accordingly, we deny the motion for extension of time to file a notice of appeal and we dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice Submitted on December 7, 2016

Opinion Delivered December 8, 2016

Before McKeithen, C.J., Kreger and Horton, JJ.