Opinion
No. 02-21-00097-CV
05-20-2021
HOWARD W. MCGEE, Appellant v. ABDIRAHMAN ABDIRIZAK D/B/A NFI TRANSPORTATION, Appellee
On Appeal from the 96th District Court Tarrant County, Texas
Trial Court No. 096-309162-19 Before Sudderth, C.J.; Kerr and Birdwell, JJ.
MEMORANDUM OPINION
The trial court signed an order on Appellee's motion for summary judgment on September 16, 2020, and Appellant's motion for new trial extended the deadline to file a notice of appeal to December 15, 2020. See Tex. R. App. P. 26.1(a) (setting out deadlines to file notice of appeal). Appellant filed a notice of appeal several months later, on April 6, 2021.
Because a timely filed notice of appeal is required to invoke our jurisdiction, Budri v. Humphreys, No. 02-20-00345-CV, 2020 WL 7393735, at *1 (Tex. App.—Fort Worth Dec. 17, 2020, no pet.) (mem. op.), we notified Appellant of our concern that we lack jurisdiction over the appeal and gave him 10 days to file a response showing grounds for continuing the appeal. See Tex. R. App. P. 44.3 (providing that a court of appeals must not dismiss an appeal for formal defects or irregularities in appellate procedure without allowing a reasonable time to correct or amend the defects or irregularities); see also Tex. R. App. P. 42.3(a) (providing for involuntary dismissal for want of jurisdiction).
Appellant has not responded. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
/s/ Bonnie Sudderth
Bonnie Sudderth
Chief Justice Delivered: May 20, 2021