                                      In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                                ________________

                               NO. 09-16-00376-CV
                                ________________

                     SHARIQ MASOOD KHAN, Appellant

                                         V.

                   BROOKE ERIN KHAN, Appellee
__________________________________________________________________

             On Appeal from the County Court at Law No. 3
                     Montgomery County, Texas
                   Trial Cause No. 16-05-05774-CV
__________________________________________________________________

                          MEMORANDUM OPINION

      On October 13, 2016, we notified the parties that the notice of appeal did not

appear to have been timely filed. The appellant did not file a response. The trial

court signed the judgment on June 9, 2016, and the appellate timetables were

extended by the timely filing of a motion for new trial. See Tex. R. App. P. 26.1(a).

Notice of appeal was due to be filed on September 7, 2016.

      Appellant filed a notice of appeal on September 30, 2016, more than ninety

days from the date of judgment and outside the period for which we may grant an

extension of time to perfect appeal. See Tex. R. App. P. 26.3. This Court lacks

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jurisdiction over this appeal. Accordingly, we dismiss the appeal for lack of

jurisdiction.

      APPEAL DISMISSED.



                                           ______________________________
                                                  LEANNE JOHNSON
                                                        Justice



Submitted on November 16, 2016
Opinion Delivered November 17, 2016

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




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