Synnachia McQueen v. James A. Collins, et al--Appeal from 52nd District Court of Coryell County

NO. 10-90-189-CV

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

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SYNNACHIA McQUEEN,

Appellant

v.

JAMES A. COLLINS, ET AL,

Appellees

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From 52nd Judicial District Court

Coryell County, Texas

Trial Court #25,137

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MEMORANDUM OPINION

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This is an appeal from an order of dismissal signed on July 23, 1990. Notice of appeal and an affidavit of inability to pay costs were filed on August 13. The transcript does not include a motion for new trial, thus the record was due in this court on September 21. See Tex. R. App. P. 54(a). The transcript was received but not filed in this court on October 25. Appellant filed a motion for out-of-time appeal on November 6.

Appellant's motion for out-of-time appeal is denied because it was not filed within fifteen days of the due date of the transcript. See Tex. R. App. P. 54(c). The appeal is dismissed for failure to comply with the Rules of Appellate Procedure. See Tex. R. App. P. 60(a)(2); 54(a).

PER CURIAM

Before Chief Justice Thomas and Justice Vance

(Justice Cummings not participating)

Dismissed

Opinion delivered and filed January 31, 1991

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