                                        In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-17-00385-CV
                            ____________________

                         ANTONIO GARCIA, Appellant

                                          V.

        LIBERTY MATERIALS, INC. AND LIBERTY MATERIALS
                TRANSPORTATION, INC., Appellees
_______________________________________________________               ______________

                    On Appeal from the 410th District Court
                         Montgomery County, Texas
                       Trial Cause No. 15-02-01447-CV
________________________________________________________              _____________

                           MEMORANDUM OPINION

      On October 17, 2017, we notified the parties that an extension of time to file

a notice of appeal was required because the notice of appeal was filed late, but within

the extension time permitted under the applicable appellate rule. See Tex. R. App.

P. 26.3. The appellant, Antonio Garcia, 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.




                                            ________________________________
                                                    LEANNE JOHNSON
                                                          Justice



Submitted on December13, 2017
Opinion Delivered December 14, 2017

Before McKeithen, C.J., Horton and Johnson, JJ.




                                        2
