Edward R. Newsome v. Walgreen Drugstore--Appeal from 189th District Court of Harris County

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Opinion issued October 16, 2008 In The Court of Appeals For The First District of Texas NO. 01 07 00164 CV EDWARD R. NEWSOME, Appellant V. WALGREEN DRUGSTORE, Appellee On Appeal from the 189th District Court Harris County, Texas Trial Court Cause No. 1995-25994 MEMORANDUM OPINION The trial court signed the final judgment in this case on November 7, 1996. Texas Rule of Appellate Procedure 26.1 provides that a notice of appeal must be filed within 30 days after the date the judgment is signed, with certain exceptions not applicable in this case. The Clerk of this court has notified appellant that the court s records indicated that his notice of appeal, filed February 22, 2007, does not appear to have been timely filed. The notice advised appellant that unless, by a date certain, he filed a written response to the notice, providing a detailed explanation showing that this court has jurisdiction of the appeal, this court could dismiss the appeal for want of jurisdiction without further notice. The date certain has passed and appellant has not filed a meritorious response to the notice. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a) (allowing involuntary dismissal of appeal for want of jurisdiction). All pending motions are denied. PER CURIAM Panel consists of Justices Jennings, Hanks, and Bland. 2

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