In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-04-335 CV
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IN RE COMMITMENT OF WILLIAM MCKAY
Montgomery County, Texas
Trial Cause No. 03-08-06084 CV
We received notice of appeal filed August 6, 2004. We notified the parties that the notice of appeal did not appear to have been timely filed. In his response, the appellant conceded that the motion for new trial was not filed within thirty days of judgment. The judgment was signed on May 12, 2004. No motion for new trial was timely filed. A notice of appeal was filed on August 6, 2004, more than 30 days from the date the judgment was signed and outside the period of time for which an extension of time to file notice of appeal may be granted. See Tex. R. App. P. 26.1, 26.3. The Court finds appellant failed to timely perfect an appeal. The Court further finds that it lacks jurisdiction over this appeal. Accordingly, the appeal is dismissed for lack of jurisdiction.
APPEAL DISMISSED.
PER CURIAM
Opinion Delivered October 21, 2004
Before McKeithen, C.J., Burgess and Gaultney, JJ.
1. Tex. R. App. P. 47.4.