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Opinion filed October 5, 2006
In The
Eleventh Court of Appeals
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No. 11-06-00242-CV
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EMANUEL JARRELL, Appellant
V.
HUNTINGTON NATIONAL BANK, Appellee
On Appeal from the 104th District Court
Taylor County, Texas
Trial Court Cause No. 23521-B
M E M O R A N D U M O P I N I O N
On September 14, 2006, appellant filed in this court his pro se notice of appeal. On the same date, the clerk of this court informed the parties in writing that it did not appear that a final, appealable order had been entered and requested that appellant respond within fifteen days showing grounds for continuing the appeal.
Appellant has filed a response in which he argues that he did not receive notice of the trial court=s March 9, 2006 summary judgment, that he is represented by Legal Aid, and that his attorneys with Legal Aid have not given him copies of his file. Appellant has attached copies of the judgment and his pro se motion for new trial.
We note that the judgment recites that appellant appeared pro se at the hearing on appellee=s motion for summary judgment. Legal Aid has confirmed that attorneys from their office did not represent appellant at the time of the hearing.
As applied to the facts of this case, Tex. R. App. P. 25 & 26 provide that an appeal is perfected by timely filing a notice of appeal within ninety days of the date the judgment was signed. Appellant=s notice of appeal was filed in this court over six months after the date the judgment was signed. Therefore, an appeal has not been timely perfected.
The appeal is dismissed for want of jurisdiction.
PER CURIAM
October 5, 2006
Panel consists of: Wright, C.J., and
McCall, J., and Strange, J.