Roy E. Addicks, Jr. v. Douglas Dretke, et al--Appeal from 136th District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-07-637 CV
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ROY E. ADDICKS, JR., Appellant
V.
DOUGLAS DRETKE, ET AL, Appellees
On Appeal from the 136th District Court
Jefferson County, Texas
Trial Cause No. D-177289
MEMORANDUM OPINION

On January 10, 2008, we notified the parties that the notice of appeal did not appear to have been timely filed. The appellant filed a reply to our correspondence. The trial court signed the judgment on April 30, 2007. The appellant believes he timely filed a request for findings of fact and conclusions of law. Appellant mailed a notice of appeal on December 11, 2007, more than ninety days from the date of judgment and outside the time for which we may grant an extension of time to perfect appeal. See Tex. R. App. P. 26.3. This Court lacks jurisdiction over this appeal.

Accordingly, we dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.

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DAVID GAULTNEY

Justice

Opinion Delivered February 14, 2008

Before McKeithen, C.J., Gaultney and Kreger, JJ.