Opinion
No. 05-14-01016-CV
08-28-2014
JANE DOE, Appellant v. EDDIE DEEN & COMPANY, Appellee
On Appeal from the 134th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-11-16390
MEMORANDUM OPINION
Before Justices Fillmore, Evans, and Lewis
Opinion by Justice Evans
Before the Court is appellee's unopposed motion to dismiss the appeal. Appellee contends the appeal should be dismissed for want of jurisdiction because appellant failed to timely file her notice of appeal. Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).
The judgment was signed on April 3, 2014. Appellant filed a timely motion for new trial. Accordingly, the notice of appeal was due on July 2, 2014, ninety days after the date the judgment was signed. See TEX. R. APP. P. 26.1(a). Appellant filed her notice of appeal on August 5, 2014, more than thirty days past the deadline. Accordingly, we grant appellant's motion and dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). 141016F.P05
/David Evans/
DAVID EVANS
JUSTICE
JUDGMENT
On Appeal from the 134th Judicial District Court, Dallas County, Texas. Trial Court Cause No. DC-11-16390. Opinion delivered by Justice Evans. Justices Fillmore and Lewis, participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee EDDIE DEEN & COMPANY recover its costs of this appeal from appellant JANE DOE. Judgment entered this 28th day of August, 2014.