Waverly R. Nolley and Pamela Nolley v. The CTI Group/Consumer Finance Inc--Appeal from 164th District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 14-07-00819-CV

Case Date: 11/08/2007

Plaintiff: Waverly R. Nolley and Pamela Nolley

Defendant: The CTI Group/Consumer Finance Inc--Appeal from 164th District Court of Harris County

Preview:Mary Ann McBee v. The State of Texas--Appeal from Co Crim Ct at Law No 13 of Harris County
/**/ Opinion issued March 8, 2007

In The Court of Appeals For The First District of Texas ____________

NO. 01-06-01113-CR ____________

MARY ANN MCBEE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No. 13 Harris County, Texas Trial Court Cause No. 1402111

MEMORANDUM OPINION We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Mary Ann McBee, and signed a final judgment in this case on October 24, 2006. Appellant did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was November 23, 2006, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).

file:///C|/Users/Peter/Desktop/opinions/PDFs1/84009.html[8/20/2013 8:48:25 PM]

Appellant filed a notice of appeal on November 27, 2006, four days after the deadline. Although the notice of appeal was filed within the 15-day time period for filing a motion for extension of time to file notice of appeal, no such motion for extension of time was filed. See Tex. R. App. P. 26.3. An untimely notice of appeal fails to vest the appellate court with jurisdiction to hear the case. Slaton v. State, 981 S.W.2d 208, 209-10 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); Douglas v. State, 987 S.W.2d 605, 605-06 (Tex. App. Houston [1st Dist.] 1999, no pet.). We therefore dismiss the appeal for lack of jurisdiction. All pending motions are denied as moot. It is so ORDERED. PER CURIAM Panel consists of Justices Nuchia, Keyes, and Higley. Do not publish. Tex. R. App. P. 47.2(b).

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