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Viet Duc Tran v. Blu Smile Grp.

Court of Appeals Second Appellate District of Texas at Fort Worth
Jul 16, 2020
No. 02-20-00111-CV (Tex. App. Jul. 16, 2020)

Opinion

No. 02-20-00111-CV

07-16-2020

VIET DUC TRAN, Appellant v. BLU SMILE GROUP, INC., Appellee


On Appeal from the 48th District Court Tarrant County, Texas
Trial Court No. 048-301888-18 Before Sudderth, C.J.; Womack and Wallach, JJ.

MEMORANDUM OPINION

Appellant Viet Duc Tran, proceeding pro se, filed a notice of appeal on April 8, 2020, attempting to appeal the trial court's final judgment signed on March 4, 2020. Because we were concerned that we lacked jurisdiction to entertain this appeal, we sent Tran two separate letters—one on April 9, 2020, and the other on June 16, 2020—stating that it appeared that he had failed to timely file his notice of appeal. See Tex. R. App. P. 26.1. We also informed Tran that unless he "or any party desiring to continue the appeal files with the court a response showing a reasonable explanation for the late filing of the notice of appeal, this appeal may be dismissed for want of jurisdiction." See Tex. R. App. P. 10.5(b), 26.3(b), 42.3(a). We have not received a response.

The timely filing of a notice of appeal is jurisdictional in this court. 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)); In re K.M.Z., 178 S.W.3d 432, 433 (Tex. App.—Fort Worth 2005, no pet.). The trial court's judgment was signed on March 4, 2020, and no postjudgment motion was filed to extend the appellate deadline. See Tex. R. App. P. 26.1(a). Thus, Tran's notice of appeal was due April 3, 2020, but was not filed until April 8, 2020. See Tex. R. App. P. 26.1. Because Tran's notice of appeal was untimely and because he has failed to file a response showing a reasonable explanation for the late filing, we dismiss this appeal. See Tex. R. App. P. 26.1, 42.3(a), (c), 43.2(f).

/s/ Dana Womack

Dana Womack

Justice Delivered: July 16, 2020


Summaries of

Viet Duc Tran v. Blu Smile Grp.

Court of Appeals Second Appellate District of Texas at Fort Worth
Jul 16, 2020
No. 02-20-00111-CV (Tex. App. Jul. 16, 2020)
Case details for

Viet Duc Tran v. Blu Smile Grp.

Case Details

Full title:VIET DUC TRAN, Appellant v. BLU SMILE GROUP, INC., Appellee

Court:Court of Appeals Second Appellate District of Texas at Fort Worth

Date published: Jul 16, 2020

Citations

No. 02-20-00111-CV (Tex. App. Jul. 16, 2020)

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