Michael Kennedy v. Raul Mata--Appeal from 52nd District Court of Coryell County

IN THE

TENTH COURT OF APPEALS

No. 10-94-011-CV

MICHAEL KENNEDY,

Appellant

v.

RAUL MATA,

Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court # 28,096

MEMORANDUM OPINION

This is an appeal from an order of dismissal signed on November 19, 1993. Notice of appeal was filed on January 13, 1994. The transcript does not include a motion for new trial, thus the notice of appeal was timely only if filed in the trial court on or before December 20, 1993. See Tex. R. App. P. 41(a). The transcript was received but not filed in this court on January 20, 1994. Appellant was advised by letter from the clerk of this court dated January 20 that the transcript had been received but not filed because it appeared that the notice of appeal was not timely filed. Appellant filed a motion for extension of time to file notice of appeal (Applicant's Motion to Reconsidered Appeals) on February 3.

Appellant's motion for extension of time to file notice of appeal is denied. The appeal is dismissed for failure to comply with the Rules of Appellate Procedure. See Tex. R. App. P. 60(a)(2); 41(a).

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed March 9, 1994

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