Opinion
No. 05-05-01308-CV
Opinion issued November 15, 2005.
On Appeal from the 380th Judicial District, Collin County, Texas, Trial Court Cause No. 380-2523-04.
Dismissed.
Before Justices FITZGERALD, LANG-MIERS, and MAZZANT.
MEMORANDUM OPINION
Appellant Marsa J. Bennett is appealing a March 30, 2005 trial court order granting a temporary injunction. After reviewing the record, this Court questioned its jurisdiction over the appeal. Specifically, the Court questioned whether appellant had filed a timely notice of appeal. While an interlocutory order granting a temporary injunction is appealable, the appeal will be accelerated. See Tex.R.App.P. 28.1; Tex. Civ. Prac Rem. Code Ann. § 51.014(a)(4) (Vernon Supp. 2005). In an accelerated appeal, appellant must file her notice of appeal within twenty days after the order is signed. Tex.R.App.P. 26.1(b). Thus, in this case, the notice of appeal was due no later than April 19, 2005. Appellant did not file her notice of appeal until September 23, 2005, more than five months late. By letter dated September 26, 2005, this Court asked appellant to file, within ten days from the date of the letter, a brief explaining how we have jurisdiction over the interlocutory appeal and directed her to supplement the clerk's record with any documents not currently before the Court on which she was relying. We concluded the letter by telling her that should she fail to file a jurisdictional brief within the time allowed, the appeal would be subject to dismissal without further notice. On October 12, 2005, appellant filed a motion for extension of time to file the jurisdictional brief, which this Court granted, extending the due date to October 28, 2005. To date, the Court has not received a jurisdictional brief, a supplemental clerk's record, or any other communication from appellant.
This Court therefore DISMISSES the appeal for want of jurisdiction. Tex.R.App.P. 43.2(f).