Edward R. Newsome v. Walgreen Drugstore

Opinion issued October 16, 2008









In The

Court of Appeals

For The

First District of Texas





NO. 010700164CV





EDWARD R. NEWSOME, Appellant


V.


WALGREEN DRUGSTORE, Appellee





On Appeal from the 189th District Court

Harris County, Texas

Trial Court Cause No. 1995-25994





MEMORANDUM OPINIONThe trial court signed the final judgment in this case on November 7, 1996. Texas Rule of Appellate Procedure 26.1 provides that a notice of appeal must be filed within 30 days after the date the judgment is signed, with certain exceptions not applicable in this case. The Clerk of this court has notified appellant that the court’s records indicated that his notice of appeal, filed February 22, 2007, does not appear to have been timely filed.

          The notice advised appellant that unless, by a date certain, he filed a written response to the notice, providing a detailed explanation showing that this court has jurisdiction of the appeal, this court could dismiss the appeal for want of jurisdiction without further notice. The date certain has passed and appellant has not filed a meritorious response to the notice.

          Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a) (allowing involuntary dismissal of appeal for want of jurisdiction). All pending motions are denied.

PER CURIAM

Panel consists of Justices Jennings, Hanks, and Bland.