Opinion
05-21-00553-CV
09-14-2021
STAMATINA HOLDINGS, LLC, ANGELOS KOLOBOTOS, AND 2632 PENNSYLVANIA AVE., DALLAS, DALLAS, COUNTY, TEXAS, IN REM, Appellants v. CITY OF DALLAS, Appellee
On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-04413
Before Justices Molberg, Nowell, and Goldstein
MEMORANDUM OPINION
BONNIE LEE GOLDSTEIN, JUSTICE
Before the Court is appellants' motion for extension of time to file their notice of appeal from the trial court's February 25, 2021 default judgment. The motion, filed after we questioned the timeliness of the appeal, explains the delay in filing the notice of appeal was the result of a mistake.
We lack authority to grant the motion. As appellee notes in its jurisdictional briefing, our authority to grant an extension to file a notice of appeal is limited to appeals filed within fifteen days of the deadline prescribed by Texas Rule of Appellate Procedure 26.1. See TEX. R. APP. P. 26.3. Because appellants timely filed a motion to set aside the judgment, the rule 26.1 deadline was May 29, 2021, ninety days after the judgment was signed, and the extended deadline was June 10, 2021. See id. 26.1(a), 26.3. Appellants did not file their notice of appeal, however, until July 9th. Accordingly, we deny the extension motion without considering its merits and 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 is jurisdictional).
JUDGMENT
In accordance with this Court's opinion of this date, we DISMISS the appeal.
We ORDER that appellee City of Dallas recover its costs, if any, of this appeal from appellants Stamatina Holdings, LLC, Angelos Kolobotos, and 2632 Pennsylvania Ave., Dallas, Dallas County, Texas, in rem.
Judgment entered September 14, 2021.