Michael Kennedy v. Lt. R. Benioit--Appeal from 52nd District Court of Coryell County
Annotate this CaseIN THE
TENTH COURT OF APPEALS
No. 10-94-012-CV
MICHAEL KENNEDY,
Appellant
v.
LT. R. BENIOIT,
Appellee
From the 52nd District Court
Coryell County, Texas
Trial Court # 28,097
MEMORANDUM OPINION
This is an appeal from an order of dismissal signed on November 30, 1993. Notice of appeal was filed on January 13, 1994. The transcript does not include a motion for new trial; thus, the notice of appeal was timely only if filed in the trial court on or before December 30, 1993. See Tex. R. App. P. 41(a). The transcript was received but not filed in this court on January 20, 1994. Appellant was advised by letter from the clerk of this court dated January 20 that the transcript had been received but not filed because it appeared that the notice of appeal was not timely filed. Appellant filed a motion for extension of time to file a notice of appeal (Applicant's Motion to Reconsidered Appeals) on February 3.
Appellant's motion for extension of time to file notice of appeal is denied. The appeal is dismissed for failure to comply with the Rules of Appellate Procedure. See Tex. R. App. P. 60(a)(2), 41(a).
PER CURIAM
Before Chief Justice Thomas,
Justice Cummings, and
Justice Vance
Dismissed
Opinion delivered and filed March 9, 1994
Do not publish
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