Opinion
No. 05-17-00069-CV
04-26-2017
TRACEY HANDSOME AND DEBRA HANDSOME, Appellants v. U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF8 MASTER PARTICIPATION TRUST, Appellee
On Appeal from the County Court at Law No. 4 Dallas County, Texas
Trial Court Cause No. CC-16-05344-D
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright
By letter dated March 7, 2017 the Court questioned its jurisdiction over this appeal because the notice of appeal was untimely. The notice of appeal was, however, filed within fifteen days of the deadline. For this reason, we informed appellants that they could remedy the timeliness problem by filing, by March 17, 2017, a motion for extension of time to file the notice of appeal. See Tex. R. App. P. 26.3. We cautioned appellants that failure to file an extension motion by the specified date may result in dismissal of the appeal for want of jurisdiction without further notice. As of today's date, appellants have not filed an extension motion.
Absent a timely 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 judgment on November 11, 2016. Appellants did not file a timely post-judgment motion extending the appellate timetable. Accordingly, the notice of appeal was due on Monday, December 12, 2016. See Tex. R. App. P. 4.1(a), 26.1. Appellants filed a notice of appeal on December 27, 2016.
Appellants failed to file a timely notice of appeal or seek an extension of time. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE 170069F.P05
JUDGMENT
On Appeal from the County Court at Law No. 4, Dallas County, Texas
Trial Court Cause No. CC-16-05344-D.
Opinion delivered by Chief Justice Wright, Justices Lang-Miers and Stoddart participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF8 MASTER PARTICIPATION TRUST recover the costs of this appeal from appellants TRACEY HANDSOME AND DEBRA HANDSOME. Judgment entered April 26, 2017.