Nedra Scott v. Dillard Department Stores, Inc., aka et al--Appeal from County Court at Law of Bowie County (majority)
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-11-00099-CV ______________________________ NEDRA SCOTT, Appellant V. DILLARD DEPARTMENT STORES, INC., A/K/A ET AL., Appellees On Appeal from the County Court at Law Bowie County, Texas Trial Court No. 06C0747-CCL Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Nedra Scott has filed a notice of appeal from the trial court s order of September 23, 2009, dismissing her case for want of prosecution. Scott timely filed a motion to reconsider. Therefore, her notice of appeal had to be filed within ninety days of the date the judgment was signed. The last day for filing for the notice of appeal was December 23, 2009. TEX. R. APP. P. 26.1(a), 26.3. Scott s notice of appeal was not filed until September 23, 2011, nearly two years late. On October 28, 2011, we informed Scott s attorney of this defect and directed counsel to show this Court how we had jurisdiction. We further informed counsel that, if no response was received by November 7, 2011, the appeal would be dismissed for want of jurisdiction. It is now December 7, 2011, and no response has been received. We dismiss the appeal for want of jurisdiction. Josh R. Morriss, III Chief Justice Date Submitted: Date Decided: December 7, 2011 December 8, 2011 2
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