Opinion
No. 02-20-00340-CV
02-11-2021
TRAVIS C. LEWIS, Appellant v. OVATION SERVICES, LLC, Appellee
On Appeal from the 96th District Court Tarrant County, Texas
Trial Court No. 096-305723-19 Before Kerr, Birdwell, and Bassel, JJ.
MEMORANDUM OPINION
Travis C. Lewis, proceeding pro se, attempts to appeal from the trial court's November 22, 2019 "Judgment for Delinquent Taxes, Foreclosure of Tax Liens and Order of Sale." Because no postjudgment motion was filed to extend the appellate deadline, Lewis's notice of appeal was due December 23, 2019. See Tex. R. App. P. 4.1(a), 26.1. But Lewis did not file his notice of appeal until October 27, 2020, making it untimely. See Tex. R. App. P. 26.1.
On November 23, 2020, we notified the parties by letter of our concern that we lack jurisdiction over this appeal because the notice of appeal was untimely filed. See id. We warned that we could dismiss this appeal for want of jurisdiction unless Lewis or any party wanting to continue the appeal filed a response by December 3, 2020, showing grounds for continuing the appeal. See Tex. R. App. P. 42.3(a), 44.3. We have received no response.
We do not have jurisdiction over an appeal absent a timely filed notice of appeal. See Howlett v. Tarrant Cty., 301 S.W.3d 840, 843 (Tex. App.—Fort Worth 2009, pet. denied) (op. on reh'g) (citing Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997)); see also Tex. R. App. P. 2, 25.1(b), 26.1. Because Lewis did not timely file his notice of appeal, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 26.1, 42.3(a), 43.2(f).
/s/ Elizabeth Kerr
Elizabeth Kerr
Justice Delivered: February 11, 2021