Opinion
05-23-00821-CV
11-08-2023
AARON DRAKE, III, Appellant v. KATOHELINE DRAKE, Appellee
On Appeal from the 254th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-22-01299.
Before Carlyle, Smith, and Kennedy, Justices.
MEMORANDUM OPINION
NANCY KENNEDY, JUSTICE.
This appeal challenges the trial court's November 7, 2022 final decree of divorce. No request for findings of fact or a motion for new trial or modify judgment was timely filed, and the conditions for a restricted appeal are not met. Accordingly, the notice of appeal was due within thirty days of judgment or December 6, 2022. See Tex. R. App. P. 26.1(a), 26.3. The notice of appeal was filed August 21, 2023.
Because the timely filing of a notice of appeal is jurisdictional, we directed appellant to file a letter brief addressing the jurisdictional issue. See Brashear v. Victoria Gardens of McKinney, LLC, 302 S.W.3d 542, 545 (Tex. App.-Dallas 2009, no pet.) (op. on reh'g) (timely filing of notice of appeal is jurisdictional). Appellant complied. In his letter brief, appellant asserts details about his marriage with appellee, but does not address our jurisdictional concerns.
Because the notice of appeal was untimely filed, we dismiss the appeal and all pending motions for want of jurisdiction. See Tex. R. App. P. 42.3(a).
JUDGMENT
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee KATOHELINE DRAKE recover her costs, if any, of this appeal from appellant AARON DRAKE III.