Leslie Lloyd v. Jerry L. Phifer and Brenda S. Phifer--Appeal from 118th District Court of Howard County

Opinion filed January 26, 2006

In The

Eleventh Court of Appeals

__________

   No. 11-05-00404-CV

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  LESLIE LLOYD, Appellant

V.

JERRY L. PHIFER AND BRENDA S. PHIFER, Appellees

On Appeal from the 118th District Court

Howard County, Texas

Trial Court Cause No. 43,929

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

Leslie Lloyd is attempting to appeal from a judgment signed on October 3, 2005. On December 16, 2005, Lloyd filed in this court a notice of appeal stating that he did not receive notice of the judgment until December 3, 2005.

On December 19, 2005, the clerk of this court wrote Lloyd and advised him that it appeared the appeal was not timely perfected because the notice of appeal was filed seventy-four days after the date the judgment was signed and not within the required thirty days. Tex. R. App. P. 26.1. Lloyd was further advised that, in order to extend the appellate timetable due to lack of notice of the judgment under Tex. R. App. P. 4.2, Lloyd must establish that the trial court has determined the date that he received notice as required by Tex. R. Civ. P. 306a. Lloyd was further directed to file the required $125 filing fee and to respond within fifteen days showing grounds for continuing this appeal. There has been no response to our letter of December 19.

Therefore, this appeal is dismissed for want of jurisdiction.

PER CURIAM

January 26, 2006

Panel consists of: Wright, C.J., and

McCall, J., and Strange, J.