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Collister v. Davis

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Dec 17, 2020
NO. 03-20-00390-CV (Tex. App. Dec. 17, 2020)

Opinion

NO. 03-20-00390-CV

12-17-2020

Brian Collister, Appellant v. William L. Davis, Michael DePonte, Julie Tower and Jackson Lewis, Appellees


FROM THE 261ST DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-20-000797 , THE HONORABLE LORA J. LIVINGSTON, JUDGE PRESIDING MEMORANDUM OPINION

Appellant Brian Collister, appearing pro se, seeks appellate review of "interlocutory order of dismissal" signed by the trial court on June 8, 2020. Appeals from interlocutory orders are accelerated, see Tex. R. App. P. 28.1, and a notice of appeal must be filed within twenty days after the order is signed, see id. R. 26.1(b). To the extent the June 8 order is an otherwise appealable, interlocutory order, the deadline for Collister to file his notice of appeal was June 29, 2020. Collister did not file his notice of appeal until July 30, 2020.

On November 17, 2020, the Clerk of this Court sent a letter to Collister informing him that it appeared from the trial court's clerk record that his notice of appeal was untimely and, as a result, that this Court lacks jurisdiction over this appeal. See id. R. 25.1 (filing of notice of appeal invokes appellate jurisdiction). The Clerk requested that Collister file a response by November 30, 2020, explaining how this Court has jurisdiction over this appeal and advised him that the failure to do so would result in the dismissal of this appeal. See id. R. 42.3(a).

To date, Collister has not responded to this Court's jurisdictional inquiry. Because Collister has failed to demonstrate this Court's jurisdiction over this appeal, we dismiss it for want of jurisdiction. See id.

/s/_________

Chari L. Kelly, Justice Before Chief Justice Rose, Justices Baker and Kelly Dismissed for Want of Jurisdiction Filed: December 17, 2020


Summaries of

Collister v. Davis

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Dec 17, 2020
NO. 03-20-00390-CV (Tex. App. Dec. 17, 2020)
Case details for

Collister v. Davis

Case Details

Full title:Brian Collister, Appellant v. William L. Davis, Michael DePonte, Julie…

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Dec 17, 2020

Citations

NO. 03-20-00390-CV (Tex. App. Dec. 17, 2020)