Donald R. Phariss v. NBC Management, Inc.

 

 

 

 

 

 

                             NUMBER 13-05-652-CV

 

                         COURT OF APPEALS

 

               THIRTEENTH DISTRICT OF TEXAS

 

                  CORPUS CHRISTI - EDINBURG

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DONALD R. PHARISS,                                              Appellant,

 

                                           v.

 

NBC MANAGEMENT, INC.,                                          Appellee.

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                  On appeal from the 267th District Court

                           of Victoria County, Texas

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                     MEMORANDUM OPINION

 

              Before Justices Rodriguez, Castillo, and Garza

                       Memorandum Opinion Per Curiam

 


Appellant, DONALD R. PHARISS, attempted to perfect an appeal from a judgment entered by the 267th District Court of Victoria County, Texas, in cause number 03-10-60,409-C.  Judgment in this cause was signed on June 29, 2005.  A timely motion for reconsideration was filed on July 14, 2005.  Pursuant to Tex. R. App. P. 26.1, appellant=s notice of appeal was due on September 27, 2005, but was not filed until October 14, 2005.   Appellant=s untimely motion for extension of time to file notice of appeal was received on October 21, 2005, and appellee=s response thereto was received on November 4, 2005.

The Court, having examined and fully considered the documents on file, appellant=s failure to timely perfect his appeal, appellant=s untimely motion for extension of time to file notice of appeal, and appellee=s response thereto, is of the opinion that the appeal should be dismissed for want of jurisdiction.  Appellant=s untimely motion for extension of time to file notice of appeal and the appeal are  hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

 

 

Memorandum Opinion delivered and filed this

the 26th day of January, 2006.