Opinion
No. 05-13-00942-CV
08-05-2013
KENNETH WOODS D/B/A PLATINUM PROPERTIES, Appellant v. CHARLIE MAE THOMPSON, Appellee
DISMISS and Opinion Filed August 5, 2013
On Appeal from the County Court at Law No. 4
Dallas County, Texas
Trial Court Cause No. CC-12-04525-D
MEMORANDUM OPINION
Before Justices O'Neill, Francis, and Fillmore
Opinion by Justice Francis
Before the Court is appellee's July 12, 2013 motion to dismiss the appeal. Appellee contends the appeal should be dismissed for want of jurisdiction. Appellant did not file a response to the motion.
The trial court rendered a final default judgment on October 29, 2012. Appellant did not file a post-judgment motion extending the appellate deadlines. Accordingly, his notice of appeal was due on November 28, 2012. See TEX. R. APP. P. 26.1. Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).
Appellant filed his notice of appeal on July 9, 2013, more than eight months past the deadline. Because his notice of appeal was untimely, this Court lacks jurisdiction. Accordingly, we grant appellee's motion and dismiss the appeal. See TEX. R. APP. P. 42.3(a).
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MOLLY FRANCIS
JUSTICE
JUDGMENT
KENNETH WOODS D/B/A PLATINUM PROPERTIES, Appellant
V. CHARLIE MAE THOMPSON, Appellee No. 05-13-00942-CV
On Appeal from the County Court at Law
No. 4, Dallas County, Texas.
Trial Court Cause No. CC-12-04525-D.
Opinion delivered by Justice Francis.
Justices O'Neill and Fillmore, participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee, CHARLIE MAE THOMPSON, recover his costs of this appeal from appellant, KENNETH WOODS D/B/A PLATINUM PROPERTIES.
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MOLLY FRANCIS
JUSTICE