Opinion
05-22-01228-CV
01-31-2023
LEAH BUTTERWORTH, Appellant v. TRUIST BANK, Appellee
On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-05553
Before Chief Justice Burns, Justice Molberg, and Justice Pedersen,
MEMORANDUM OPINION
ROBERT D. BURNS, III CHIEF JUSTICE
Before the Court is appellee's motion to dismiss the appeal for want of jurisdiction asserting that appellant failed to timely file a notice of appeal. Appellant did not file a response to the motion.
When a party files a timely post-judgment motion extending the appellate timetable, a notice of appeal is due ninety days after the judgment is signed or, with an extension motion, fifteen days after the deadline. See Tex. R. App. P. 26.1(a), 26.3. Without a timely filed notice of appeal, this Court lacks jurisdiction. See Brashear v. Victoria Gardens of McKinney, LLC, 302 S.W.3d 542, 545 (Tex. App.-Dallas 2009, no pet.) (op. on reh'g) (timely notice of appeal is jurisdictional).
The trial court signed the judgment on June 14, 2022. Because appellant filed a timely motion for new trial, the notice of appeal was due on September 12th or, with an extension motion, September 27th. See Tex. R. App. P. 26.1(a), 26.3. Appellant filed a notice of appeal on October 25, 2022, forty-three days past the deadline. Because appellant failed to file a timely notice of appeal, we grant appellee's motion and dismiss the appeal for want of jurisdiction. See id. 42.3(a).
JUDGMENT
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee TRUIST BANK recover its costs of this appeal from appellant LEAH BUTTERWORTH.
Judgment entered.