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Gen. Design v. Johnson

Court of Appeals of Texas, Fifth District, Dallas
Sep 23, 2008
No. 05-08-00844-CV (Tex. App. Sep. 23, 2008)

Opinion

No. 05-08-00844-CV

Opinion Filed September 23, 2008.

On Appeal from the County Court at Law No. 1, Dallas County, Texas, Trial Court Cause No. CC-04-08695-A.

Before Chief Justice THOMAS and Justices BRIDGES and FITZGERALD.


MEMORANDUM OPINION


Appellant filed a notice of appeal from the trial court's February 13, 2008 judgment. A motion for new trial was filed on March 13, 2008; therefore, appellant's notice of appeal was due by May 13, 2008. See Tex. R. App. P. 26.1(a). Moreover, to obtain the benefit of the fifteen-day extension, appellant's notice of appeal had to be filed by May 28, 2008. See Tex. R. App. P. 26.3. The notice of appeal is file-stamped June 24, 2008. Because it appeared appellant's notice of appeal is untimely, we directed the parties to file letter briefs addressing our jurisdiction over the appeal.

Rather than addressing the jurisdictional question, appellant addressed the merits of their complaints regarding the trial court's judgment. It presents nothing that would show this Court has jurisdiction over the appeal. Appellee responds that the Court does not have jurisdiction. We agree with appellee.

We dismiss the appeal for want of jurisdiction.


Summaries of

Gen. Design v. Johnson

Court of Appeals of Texas, Fifth District, Dallas
Sep 23, 2008
No. 05-08-00844-CV (Tex. App. Sep. 23, 2008)
Case details for

Gen. Design v. Johnson

Case Details

Full title:GENERAL DESIGN SIGN COMPANY, INC., Appellant v. DR. RIC JOHNSON D/B/A…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Sep 23, 2008

Citations

No. 05-08-00844-CV (Tex. App. Sep. 23, 2008)