Opinion
No. 09-04-143 CV.
Opinion Delivered April 15, 2004.
On Appeal from the 411th District Court, San Jacinto County, Texas, Trial Cause No. 9977, consolidated with 10366.
Appeal Dismissed.
Mark G. Lazarz, Shellist, Lore Lazarz, Ltd., Houston, TX, and Ronald M. Cohen, Cohen Raymond, LC, Houston, TX, for appellants.
Greg Abbott, Attorney General of Texas, Austin, TX, Barry R. McBee, First Assistant Attorney General, Austin, TX, Edward D. Burbach, Deputy Attorney General for Litigation, Austin, TX, Nelly R. herrera, Chief, Tort Litigation Division, Austin, TX, and Nichelle A. Cobb, Assistant Attorney General, Tort Litigation Division, Austin, TX, for appellees.
Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.
MEMORANDUM OPINION
On March 31, 2004, the appellees filed a motion to dismiss this appeal. The judgment was signed on December 4, 2003. A motion for new trial was filed within thirty days of the date the judgment was signed. A notice of appeal was filed on March 23, 2004, more than 90 days from the date the judgment was signed. No motion for extension of time has been filed. The Court finds the appellants failed to timely perfect an appeal. The Court further finds that it lacks jurisdiction over this appeal.
It is therefore ordered that the appellees' motion to dismiss is granted. We dismiss the appeal for want of jurisdiction.