Sherrie Sivley v. Kenny Byron Head

    In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00373-CV ____________________ SHERRIE SIVLEY, Appellant V. KENNY BYRON HEAD, Appellee ________________________________________________________________________ On Appeal from the County Court at Law No. 2 Montgomery County, Texas Trial Cause No. 17-30122 ________________________________________________________________________ MEMORANDUM OPINION On October 10, 2017, we notified the parties that an extension of time to file notice of appeal was required because the notice of appeal was filed late, but within the extension time permitted rule. See Tex. R. App. P. 26.3. The appellant, Sherrie Sivley, did not respond to the Court’s notice and did not file a motion for extension of time to file a notice of appeal. 1       The Court finds that the notice of appeal was not timely filed. See Tex. R. App. P. 26.1. No motion for extension of time was filed. See Tex. R. App. P. 26.3. Accordingly, we dismiss the appeal. See Tex. R. App. P. 42.3. APPEAL DISMISSED. ________________________________ STEVE McKEITHEN Chief Justice Submitted on November 21, 2017 Opinion Delivered November 22, 2017 Before McKeithen, C.J., Kreger and Horton, JJ.   2