Opinion
No. 05-11-00568-CV
Opinion Filed June 17, 2011.
On Appeal from the County Court at Law No. 4, Collin County, Texas, Trial Court Cause No. 004-03796-2010.
Before Justices BRIDGES, LANG-MIERS, and MURPHY.
MEMORANDUM OPINION
Appellant appeals from a final judgment dated January 6, 2011. Following a review of the clerk's record, we sent appellant a letter questioning our jurisdiction over the appeal. Specifically, it appeared the notice of appeal was untimely filed. We directed the parties to file letter briefs addressing how we have jurisdiction.
Appellate jurisdiction is never presumed. Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 546 (Tex. App.-Dallas 2009, no pet.). Unless the record affirmatively shows the propriety of appellate jurisdiction, we must dismiss. Id. Our jurisdiction over appeals is established by constitutional and statutory enactments. Beckhav Grp., P.C. v. Snyder 315 S.W.3d 244, 245 (Tex. App.-Dallas 2010, no pet.). Without a timely filed notice of appeal, this Court lacks jurisdiction. See Tex. R. App. P. 25.1.
On June 1, 2011, we received a letter from appellant. Appellant requests that her case be heard for "forced entry and theft (civil law) eviction." Appellant does not address this Court's jurisdiction.
The final judgment was signed on January 6, 2011. Appellant did not file any post-judgment motion that would extend the appellate timetable. Accordingly, her notice of appeal was due on Monday, February 7, 2011. See Tex. R. App. P. 26.1. Appellant did not file her notice of appeal until May 5, 2011. Because appellant's notice of appeal was untimely filed, this Court lacks jurisdiction. See Tex. R. App. P. 25.1. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).