Opinion
05-22-00092-CV
04-25-2022
SANDRA L. SIMS, Appellant v. TINA THOMAS AND SIMONE JOHNSON, Appellees
On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-16409
Before Chief Justice Burns, Justice Goldstein, and Justice Smith
MEMORANDUM OPINION
ROBERT D. BURNS, III CHIEF JUSTICE
For the second time, appellant attempts to appeal the trial court's August 24, 2017 judgment. In 2018, appellant filed a restricted appeal challenging both the August 24 judgment and a January 22, 2018 order authorizing sale of property. See Sims v. Thomas, 584 S.W.3d 880 (Tex. App.-Dallas 2019, no pet.). We dismissed the portion of that appeal related to the August 24 judgment as untimely and considered only the merits of the January 22 order. See id. at 882.
The notice of restricted appeal was filed on June 21, 2018.
Because appellant's new notice of appeal was filed more than five years past the deadline, we again questioned our jurisdiction of the appeal of the August 24 judgment and instructed appellant to file a letter brief with an opportunity for appellees to respond. See Tex. R. App. P. 26.1. Following her initial letter brief, appellant filed an amended notice of appeal and further letter brief asking that we construe this appeal as a motion for rehearing of the prior appeal regarding the August 2017 judgment only. This we cannot do. The time for reconsideration of this Court's order dismissing the appeal as it related to the August 24 judgment or reconsidering the opinion in that appeal has passed. See Tex. R. App. P. 49.1 (motion for rehearing due within fifteen days of the judgment).
Because the notice of appeal was untimely, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a); Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 545 (Tex. App.-Dallas 2009, no pet.) (op. on reh'g) (timely filing of notice of appeal jurisdictional).
JUDGMENT
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees TINA THOMAS AND SIMONE JOHNSON recover their costs of this appeal from appellant SANDRA L. SIMS.