In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-08-378 CV
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ADVANCED DIAGNOSTICS MANAGEMENT, L.L.P., CHOPRA &
ASSOCIATES, P.A., AND CHOPRA IMAGING CENTERS, INC., Appellants
V.
LIVINGSTON MRI, L.L.P., Appellee
Polk County, Texas
Trial Cause No. CIV23,942
On September 8, 2008, Advanced Diagnostics Management, L.L.P., Chopra & Associates, P.A., and Chopra Imaging Centers, Inc., filed a motion for extension of time to file notice of appeal. In response, the appellee, Livingston MRI, L.L.P., filed a motion to dismiss the appeal for want of jurisdiction. The trial court signed the order on July 25, 2008, and this is an accelerated appeal. Notice of appeal was due to be filed on August 14, 2008. See Tex. R. App. P. 26.1(c). Appellants filed notice of appeal on September 4, 2008, more than twenty days from the date of the appealable order and outside the time for which we may grant an extension of time to perfect appeal. See Tex. R. App. P. 26.3. This Court lacks jurisdiction over this appeal.
Accordingly, we deny the appellants' motion for extension of time to file notice of appeal, grant the appellee's motion to dismiss the appeal, and dismiss the appeal for lack of jurisdiction.
APPEAL DISMISSED.
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STEVE McKEITHEN
Chief Justice
Opinion Delivered October 30, 2008
Before McKeithen, C.J., Gaultney and Horton, JJ.