in Re Commitment of Bruce McCain

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-06-401 CV

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IN RE COMMITMENT OF BRUCE MCCAIN




On Appeal from the 284th District Court

Montgomery County, Texas

Trial Cause No. 03-10-07757 CV




MEMORANDUM OPINION

We received notice of appeal filed September 18, 2006. 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 notice of appeal was filed late but requested an out-of-time appeal. The judgment was signed on May 24, 2006. A motion for new trial was timely filed on June 23, 2006. A notice of appeal was mailed September 8, 2006, and was filed on September 18, 2006, more than 90 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 appellant's motion to continue the appeal is denied and the appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.

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STEVE McKEITHEN

Chief Justice



Opinion Delivered October 26, 2006

Before McKeithen, C.J., Gaultney and Horton, JJ.