Jerry McGaughy v. Circle Plumbing, Inc. a/k/a and d/b/a Circle Plumbing Co.--Appeal from 9th District Court of Montgomery County
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00186-CV _________________ JERRY MCGAUGHY, Appellant V. CIRCLE PLUMBING, INC. A/K/A AND D/B/A CIRCLE PLUMBING CO., Appellee ________________________________________________________________________ On Appeal from the 9th District Court Montgomery County, Texas Trial Cause No. 09-11-11063 CV ________________________________________________________________________ MEMORANDUM OPINION On May 5, 2011, we notified the parties that the notice of appeal did not appear to have been timely filed. The appellant did not reply to our correspondence. The trial court signed the judgment on May 10, 2010, and the appellate timetables were not extended by the timely filing of post-judgment motions. To be timely, notice of restricted appeal had to be filed within six months of the date of the judgment. See Tex. R. App. P. 26.1(c). Appellant filed a notice of restricted appeal on March 22, 2011, more than six months from the date of judgment and outside the time for which we may grant an 1 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. ________________________________ HOLLIS HORTON Justice Opinion Delivered June 16, 2011 Before Gaultney, Kreger, and Horton, JJ. 2
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