Antonio Garcia v. Liberty Materials, Inc. and Liberty Materials Transportation, Inc.

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00385-CV ____________________ ANTONIO GARCIA, Appellant V.

LIBERTY MATERIALS, INC. AND LIBERTY MATERIALS

TRANSPORTATION, INC., Appellees _______________________________________________________ ______________

On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 15-02-01447-CV

________________________________________________________ _____________

MEMORANDUM OPINION On October 17, 2017, we notified the parties that an extension of time to file a notice of appeal was required because the notice of appeal was filed late, but within the extension time permitted under the applicable appellate rule. See Tex. R. App. P. 26.3. The appellant, Antonio Garcia, did not respond to the Court’s notice and did not file a motion for extension of time to file a notice of appeal.

The Court finds that the notice of appeal was not timely filed. See Tex. R. App. P. 26.1. No motion for extension of time was filed. See Tex. R. App. P. 26.3. Accordingly, we dismiss the appeal. See Tex. R. App. P. 42.3.

APPEAL DISMISSED.

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LEANNE JOHNSON

Justice Submitted on December13, 2017 Opinion Delivered December 14, 2017 Before McKeithen, C.J., Horton and Johnson, JJ.