TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-00-00480-CV
Robert Sykes, Appellant
v.
Distribution Dynamics, Inc. and Applied Materials, Inc., Appellees
NO. 246,585, HONORABLE ORLINDA NARANJO, JUDGE PRESIDING
Because appellant Robert Sykes's Notice of Appeal was not timely filed, we will dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 26.1.
Appellant is appealing the trial court's Order of Abatement, signed on August 3, 1999 making his Notice of Appeal due on or before September 2, 1999. See id. The Notice of Appeal was not filed until January 5, 2000.
By letter dated August 1, 2000, the Clerk of this Court informed all parties that the Notice of Appeal did not appear to have been timely filed, and offered appellant the opportunity to tender a motion by August 11, 2000 supported by proof of appellant's good faith and provide a reasonable explanation for filing the notice of appeal late. Otherwise, the appeal would be dismissed. See id. 42.3. Thus far appellant has failed to respond.
Accordingly, we dismiss this appeal for want of jurisdiction.
Before Justices Jones, Yeakel and Patterson
Dismissed for Want of Jurisdiction
Filed: August 31, 2000
Do Not Publish