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Opinion issued November 10, 2010
In The
Court of Appeals
For The
First District of Texas
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NO. 01-10-00363-CV
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GEORGE OLIVARES, Appellant
V.
TDCJ-CID, Appellee
On Appeal from the 412th District Court Brazoria County, Texas
Trial Court Cause No. 41345
MEMORANDUM OPINION
We lack jurisdiction to hear this appeal. Appellant, George Olivares, challenges the trial court’s judgment signed December 17, 2009. A notice of appeal must be filed within 30 days after a judgment is signed. See Tex. R. App. P. 26.1. Appellant’s deadline to file his notice of appeal was Tuesday, January 19, 2010, which was the first business day following the thirtieth calendar day. See Tex. R. App. P. 4.1(a). Appellant filed his notice of appeal on April 26, 2010, which is 97 days after the deadline. An untimely notice of appeal fails to vest the appellate court with jurisdiction to hear the case.
We dismiss this appeal for lack of jurisdiction.
We deny all pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Alcala, and Sharp.
Document Info
Docket Number: 01-10-00363-CV
Filed Date: 11/10/2010
Precedential Status: Precedential
Modified Date: 9/3/2015