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Reidie James Jackson v. Mark W. Stiles Unit

Court: Court of Appeals of Texas
Date filed: 2012-11-15
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                                         In The

                                  Court of Appeals
                     Ninth District of Texas at Beaumont
                               _________________
                                 NO. 09-12-00487-CV
                               _________________

                       REIDIE JAMES JACKSON, Appellant

                                           V.

                      MARK W. STILES UNIT, et al., Appellees

________________________________________________________________________

                  On Appeal from the 172nd District Court
                          Jefferson County, Texas
                         Trial Cause No. E-189,936
________________________________________________________________________

                             MEMORANDUM OPINION

       On October 25, 2012, we notified the parties that the notice of appeal did not

appear to have been timely filed. The appellant filed a response but failed to establish

that a notice of appeal was timely filed to allow either a regular or a restricted appeal.

The trial court signed the judgment on January 6, 2012, and the appellate timetables were

not extended by the timely filing of a post-judgment motion to reinstate. See Tex. R.

App. P. 26.1. Notice of appeal was due to be filed on or before February 6, 2012. Id.

Appellant filed the notice of appeal on October 17, 2012, more than thirty days from the


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date of judgment and outside the time for which we may grant an extension of time to

perfect appeal. See Tex. R. App. P. 26.3. Accordingly, we must dismiss the appeal.

      APPEAL DISMISSED.




                                               ________________________________
                                                        CHARLES KREGER
                                                             Justice



Opinion Delivered November 15, 2012

Before Gaultney, Kreger, and Horton, JJ.




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