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Drake v. Saerom Choi

Court of Appeals Fifth District of Texas at Dallas
Dec 4, 2017
No. 05-17-01082-CV (Tex. App. Dec. 4, 2017)

Opinion

No. 05-17-01082-CV

12-04-2017

ERIC DRAKE, Appellant v. SAEROM CHOI, Appellee


On Appeal from the 95th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-16-08655

MEMORANDUM OPINION

Before Chief Justice Wright, Justice Francis, and Justice Stoddart
Opinion by Justice Stoddart

Appellant appeals from the trial court's summary judgment order. Before the Court is appellant's motion for an extension of time to file a notice of appeal.

In the absence of a post-judgment motion extending the appellate timetable, a notice of appeal is due thirty days after the date the judgment is signed or, with an extension motion, forty-five days after the date the judgment is signed. See TEX. R. APP. P. 26.1, 26.3. Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).

The trial court signed the summary judgment order on July 25, 2017. Appellant did not file a post-judgment motion extending the appellate deadline. Accordingly, the notice of appeal was due on August 24, 2017 or, with an extension motion, September 8, 2017. See TEX. R. APP. P. 26.1, 26.3. Appellant filed a notice of appeal on September 12, 2017. Because appellant filed the notice of appeal four days past the last possible deadline, this Court lacks jurisdiction over this appeal. Accordingly, we deny appellant's motion for an extension of time to file a notice of appeal and dismiss the appeal. See TEX. R. APP. P. 42.3(a).

/Craig Stoddart/

CRAIG STODDART

JUSTICE 171082F.P05

JUDGMENT

On Appeal from the 95th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-16-08655.
Opinion delivered by Justice Stoddart. Chief Justice Wright and Justice Francis participating.

In accordance with this Court's opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee SAEROM CHOI recover his costs of this appeal from appellant ERIC DRAKE. Judgment entered this 4th day of December, 2017.


Summaries of

Drake v. Saerom Choi

Court of Appeals Fifth District of Texas at Dallas
Dec 4, 2017
No. 05-17-01082-CV (Tex. App. Dec. 4, 2017)
Case details for

Drake v. Saerom Choi

Case Details

Full title:ERIC DRAKE, Appellant v. SAEROM CHOI, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Dec 4, 2017

Citations

No. 05-17-01082-CV (Tex. App. Dec. 4, 2017)