Lionel R. Meno, Individually and in his Official Capacity as Texas Commissioner of Education v. Dee Bednar--Appeal from 126th District Court of Travis County

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cv5-104 TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-95-00104-CV
Lionel R. Meno, Individually and in his Official Capacity
as Texas Commissioner of Education, Appellant
v.
Dee Bednar, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT
NO. 92-14387, HONORABLE PAUL R. DAVIS, JR., JUDGE PRESIDING

PER CURIAM


Lionel R. Meno, individually and in his official capacity as Texas Commissioner of Education, filed an interlocutory appeal of the trial court's denial of his summary judgment motion based on official immunity from Dee Bednar's claims. See Tex. Civ. Prac. & Rem. Code Ann. 51.014(5) (West Supp. 1995). We dismiss the appeal because the notice of appeal was untimely filed.

This interlocutory appeal is an accelerated appeal. See Tex. R. App. P. 42(a)(1). Notice of appeal must be filed within twenty days after the appealed-from order is signed. Tex. R. App. P. 42(a)(3). The trial court signed the order denying the summary judgment on January 26, 1995. Meno filed his notice of appeal February 24, 1995, nine days after it was due.

The clerk of this Court sent a letter to Meno on March 2, 1995 noting the tardiness and stating that we would dismiss the appeal unless, by March 13, 1995, any party showed grounds for continuing the appeal. We have received no response. We dismiss the appeal.


Before Chief Justice Carroll, Justices Aboussie and Jones

Appeal Dismissed

Filed: April 12, 1995

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