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Click here for the full text of this decision FACTS:A decree was entered in Michael Scott Crawford’s divorce on Nov. 2, 2004. Though Crawford was required to file his appeal or motion for new trial within 30 days (i.e., Dec. 2, 2004), he did not file a motion for new trial and notice of appeal until Jan. 19. He did not file a motion with this court to extend the Dec. 2, 2004, due date. This court sent Crawford a letter on March 3 asking him to explain why the notice of appeal was late, or what he believed it to be timely. Despite being warned that failure to respond by March 14 could result in his appeal being dismissed, he did not file a response. HOLDING:Appeal dismissed. “[H]aving failed to timely file a motion for new trial or ask for an extension of time in which to file his notice of appeal, the 90-day rule according to Texas Rule of Appellate Procedure 26.1(a)(1) does not apply in this case. Therefore, appellant’s notice of appeal was not timely filed. Since the notice of appeal was untimely filed and appellant did not explain or justify the delay as per our directive, we conclude that he failed to timely perfect his appeal.” OPINION:Quinn, J.; Quinn, Reavis and Campbell, JJ.

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