In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-04-388 CV
____________________
JAMES PRICE, SR., Appellant
V.
CASSANDRA PRICE, Appellee
Jasper County, Texas
Trial Cause No. 25328
We received notice of appeal filed September 13, 2004. We notified the parties that the notice of appeal did not appear to have been timely filed. The appellant did not reply to our correspondence. The judgment was signed on August 3, 2004, and the appellate timetables were extended by the filing of post-judgment motions. A notice of appeal was filed on September 3, 2004, more than 30 days from the date the judgment was signed. Appellant did not establish that the notice of appeal was mailed by the due date. See Tex. R. Civ. P. 5. The appellant did not file a motion for extension of time with this Court. See Tex. R. App. P. 26.3. The Court finds appellant failed to timely perfect an appeal, and further failed to present a reasonable explanation for her need for an extension. Tex. R. App. P. 10.5(b)(1)(c).
Accordingly, we dismiss the appeal for lack of jurisdiction.
APPEAL DISMISSED.
PER CURIAM
Opinion Delivered December 16, 2004
Before McKeithen, C.J., Burgess and Gaultney, JJ.
1. Tex. R. App. P. 47.4.