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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-09-138-CV
AEP ENGINEERING & CONSULTING, INC. d/b/a APPELLANT
TEXAS CONVEYORS INTERNATIONAL
V.
ADVANCE LIFTS, INC. APPELLEE
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FROM COUNTY COURT AT LAW NO. 2 OF TARRANT COUNTY
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MEMORANDUM OPINION[1]
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On May 7, 2009, appellant AEP Engineering & Consulting, Inc. d/b/a Texas Conveyors International filed a notice of appeal from the trial court=s judgment, which was signed on December 19, 2008. On May 18, 2009, we sent a letter to appellant stating our concern that we are without jurisdiction because appellant=s motion for new trial was due on January 19, 2009, but was not filed until March 9, 2009; therefore, it appeared the notice of appeal was not timely filed.[2] We informed appellant that unless it or any party filed a response showing grounds for continuing the appeal on or before May 28, 2009, the appeal could be dismissed for want of jurisdiction. Appellant has faxed us a copy of what appears to be the parties= Rule 11 agreement to discontinue the appeal.[3]
However, because appellant=s notice of appeal is untimely, we have no jurisdiction to consider this appeal. Accordingly, we dismiss this appeal for want of jurisdiction.[4]
PER CURIAM
PANEL: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.
DELIVERED: July 2, 2009
[1]See Tex. R. App. P. 47.4.
[2]See Tex. R. App. P. 26.1(a).
[3]See Tex. R. Civ. P. 11.
[4]See Tex. R. App. P. 42.3(a).