Mary Lewis v. Beaumont Bone and Joint Institute, P.A.--Appeal from 58th District Court of Jefferson County

Opinion filed August 23, 2007

In The

Eleventh Court of Appeals

_________

   No. 11-07-00208-CV

________

   MARY LEWIS, Appellant

V.

BEAUMONT BONE AND JOINT INSTITUTE, P.A., Appellee

On Appeal from the 58th District Court

Jefferson County, Texas

Trial Court Cause No. A-176,845

M E M O R A N D U M O P I N I O N

Mary Lewis sued Beaumont Bone and Joint Institute, P.A. seeking damages in excess of $500,000 for injuries she allegedly received as a result of the Institute=s negligence with regard to its automatic sprinkler system. On May 4, 2007, the trial court signed a judgment granting the Institute=s no evidence motion for summary judgment and dismissing Lewis=s claims with prejudice. Thirty-two days later, Lewis filed a notice of appeal on June 5, 2007.

When the clerk=s record was received in this court, the clerk wrote the parties notifying them that it appeared an appeal had not been timely perfected under Tex. R.App. P. 26.1 and requesting that Lewis respond on or before August 15, 2007, showing grounds for continuing the appeal and proof of timely mailing if applicable. The Institute has responded by filing a motion to dismiss. Lewis has not responded to either the motion or to our letter.

The motion is granted, and the appeal is dismissed.

PER CURIAM

August 23, 2007

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.