Opinion
No. 05-12-01353-CV
01-18-2013
GQ ENTERPRISES CORPORATION, Appellant v. INAYATALI RAJANI AND THE RAJANI GROUP, Appellee
DISMISS; Opinion Filed January 18, 2013.
On Appeal from the 193rdJudiciaI District Court
Dallas County, Texas
Trial Court Cause No. DC-11-05188
MEMORANDUM OPINION
Before Justices Moseley, Francis, and Lang
Opinion By Justice Lang
The notice of this restricted appeal from the trial court's February 9, 2012 judgment was due no later than August 7, 2012 or, with a timely extension motion, August 22, 2012. See TEX. R. APP. P. 26.1(c), 26.3. GQ Enterprises Corporation filed the notice August 13, 2012, within the extension period. However, it did not file a motion for extension of time explaining the need for the extension, as required by the rules of appellate procedure. See id. 10.5(b), 26.3. By letter dated November 6, 2012, we directed GQ Enterprises to file, within ten days, a motion for extension of time that complied with the rules. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). To date, GQ Enterprises has neither filed the extension motion nor otherwise corresponded with the Court.
The timely filing of a notice of appeal is jurisdictional. See TEX. R. APP. P. 25.1(b); Garza v, Hibernia Nat'l Bank, 227 S.W.3d 233, 233 (Tex. App.—Houston [1st Dist.] 2007, no pet.). Because GQ Enterprises's notice of appeal was untimely and GQ Enterprises has failed to offer a reasonable explanation why the notice was late, we lack jurisdiction over this appeal. Garza, 227 S.W.3d at 233. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).
____________________________
JUSTICE
JUDGMENT
GQ ENTERPRISES CORPORATION,
Appellant
No. 05-12-01353-CV V. INAYATALI RAJANI AND THE RAJANI
GROUP, Appellees
Appeal from the 193rd Judicial District Court
of Dallas County, Texas. (Tr.Ct.No. DC-11-
05188).
Opinion delivered by Justice Lang, Justices
Moseley and Francis participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal. We ORDER that appellee Inayatali Rajani and The Rajani Group recover their costs, if any, of this appeal from appellant GQ Enterprises Corporation.
____________________________
DOUGLAS S. LANG
JUSTICE