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Opinion filed February 28, 2008
In The
Eleventh Court of Appeals
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No. 11-08-00021-CV
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LINDA B. COOK, Appellant
V.
CITIBANK (SOUTH DAKOTA) N.A., Appellee
On Appeal from the County Court at Law No. 2
Montgomery County, Texas
Trial Court Cause No. 07-03-02233-CV
M E M O R A N D U M O P I N I O N
The trial court signed the judgment on October 23, 2007. A motion for new trial was not filed. Appellant filed her notice of appeal on November 26, 2007, thirty-four days after the date the judgment was signed. We dismiss the appeal.
Pursuant to Tex. R. App. P. 26.1, appellant=s notice of appeal was due to be filed within thirty days of the date the judgment was signed. Appellant has not filed a motion for extension of time pursuant to Tex. R. App. P. 26.3 or provided a reasonable explanation for the failure to timely perfect an appeal. Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997). Moreover, an affidavit of inability to pay costs was not filed pursuant to Tex. R. App. P. 20.1, and both the clerk of the trial court and the court reporter have informed this court in writing that appellant has failed to pay or make arrangements to pay for the appellate record. Appellant has further failed to respond to our letter of January 29, 2008, directing her to provide not only proof of designations of and payments for the appellate records but also payment of the required filing fee.
The appeal is dismissed. Tex. R. App. P. 42.1.
PER CURIAM
February 28, 2008
Panel consists of: Wright, C.J.,
McCall, J., and Strange, J.