Opinion
No. 05-17-00363-CV
06-12-2017
On Appeal from the 86th Judicial District Court Kaufman County, Texas
Trial Court Cause No. 94135-86
MEMORANDUM OPINION
Before Justices Francis, Brown, and Schenck
Opinion by Justice Francis
This appeal from the trial court's May 4, 2016 judgment was filed April 19, 2017. The record reflects a motion for new trial was timely filed from the judgment, making the notice of appeal due within ninety days from the date of judgment or, with a timely extension motion, within 105 days from the date of judgment. See TEX. R. APP. P. 26.1(a), 26.3. Because the notice of appeal was filed eleven months after the judgment was signed and the timely filing of a notice of appeal is jurisdictional, we directed appellant to file a letter brief addressing our jurisdiction. See id. 25.1(b); Garza v. Hibernia Nat'l Bank, 227 S.W.3d 233, 233 (Tex. App.—Houston [1st Dist.] 2007, no pet.). We cautioned appellant that failure to comply by May 1, 2017 could result in dismissal of the appeal without further notice. See TEX. R. APP. P. 42.3(a); Garza, 227 S.W.3d at 233. To date, appellant has not responded. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a); Garza, 227 S.W.3d at 233.
/Molly Francis/
MOLLY FRANCIS
JUSTICE 170363F.P05
JUDGMENT
On Appeal from the 86th Judicial District Court, Kaufman County, Texas
Trial Court Cause No. 94135-86.
Opinion delivered by Justice Francis. Justices Brown and Schenck participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal. Judgment entered June 12, 2017.