Brandon Lanard McDonald v. Officer F. Coffin Three, et al--Appeal from 172nd District Court of Jefferson County
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-08-431 CV ____________________ BRANDON LANARD MCDONALD, Appellant V. OFFICER F. COFFIN THREE, ET AL. , Appellees On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-178, 300 MEMORANDUM OPINION On October 16, 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 but failed to establish that he invoked the jurisdiction of this Court in a timely manner. The trial court signed the judgment on April 8, 2008, and the appellate timetables were not extended by the timely filing of post-judgment motions. Notice of appeal was due to be filed on May 8, 2008. See T EX. R. A PP. P. 26.1. Appellant filed notice of appeal on October 7, 2008, more than 1 thirty days from the date of judgment and outside the time for which we may grant an extension of time to perfect appeal. See T EX. R. A PP. P. 26.3. This Court lacks jurisdiction over this appeal. Accordingly, we dismiss the appeal for lack of jurisdiction. APPEAL DISMISSED. ____________________________ HOLLIS HORTON Justice Opinion Delivered December 4, 2008 Before McKeithen, C.J., Kreger and Horton, JJ. 2
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