TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-97-00044-CV
Jim Hudson, Appellant
v.
State of Texas, Appellee
NO. 95-10614, HONORABLE MARGARET A. COOPER, JUDGE PRESIDING
We will dismiss this appeal. The trial court signed the judgment in this case on October 16, 1996. A motion for new trial was due within thirty days, or by November 15, 1996. See Tex. R. Civ. P. 329b(a). The motion arrived on November 18, 1996. If the motion was mailed timely, the transcript was due no more than 120 days after the judgment was signed. Tex. R. App. P. 54(a). No motion to extend time to file the transcript appears in this Court's file. This Court received the transcript on April 10, 1997, 176 days after the judgment was signed. This Court's clerk informed the appellant of the lateness of the transcript and invited response by May 1, 1997 explaining this lateness. The clerk has received no response from appellant.
This Court has no authority to consider a late-filed transcript; late filing of the transcript is grounds for dismissal. Tex. R. App. P. 54(a). We dismiss the appeal. We also dismiss as moot the appellee's motion to dismiss.
Before Chief Justice Carroll, Justices Aboussie and B. A. Smith
Appeal Dismissed
Filed: June 12, 1997
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