                                      In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-18-00306-CV
                           ____________________

                          JAMES B. DAVIS, Appellant

                                         V.

                          MARILYN BRYAN, Appellee
_______________________________________________________            ______________

                    On Appeal from the 284th District Court
                         Montgomery County, Texas
                       Trial Cause No. 15-11-11701-CV
________________________________________________________             _____________

                          MEMORANDUM OPINION

      On August 15, 2018, we notified the parties that the notice of appeal did not

appear to have been timely filed. The appellant, James B. Davis, did not file a

response.

      The trial court signed the judgment on March 7, 2018. By filing a motion for

new trial within thirty days of the date of the judgment, Davis extended the time for

perfecting his appeal to June 5, 2018. See Tex. R. App. P. 26.1(a)(1). Davis filed a

notice of appeal on August 10, 2018, but by that date his notice was untimely and

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outside the period for which we may extend the applicable appellate deadline. See

Tex. R. App. P. 26.1(a)(1), 26.3. Accordingly, the appeal is dismissed for lack of

jurisdiction.

      APPEAL DISMISSED.


                                            ________________________________
                                                    STEVE McKEITHEN
                                                        Chief Justice


Submitted on September 26, 2018
Opinion Delivered September 27, 2018

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




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