Opinion
No. 05-15-00642-CV
07-06-2015
JEFFREY KEITH HEBERT, Appellant v. CRISTAL RODRIGUEZ, Appellee
On Appeal from the 193rd Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-13-07855
MEMORANDUM OPINION
Before Justices Fillmore, Myers, and Evans
Opinion by Justice Fillmore
Before the Court is appellee's motion to dismiss the appeal. Appellee contends the appeal should be dismissed for want of jurisdiction. In a letter to appellant's counsel dated June 9, 2015, this Court questioned its jurisdiction over the appeal because it appeared the notice of appeal was untimely. In that correspondence, we noted that the notice of appeal was filed within fifteen days of the deadline and we instructed appellant that he could cure the timeliness problem by filing, within ten days, a motion for extension of time to file the notice of appeal. See TEX. R. APP. P. 26.3. We cautioned appellant that failure to file an extension motion by June 19, 2015 would result in dismissal of the appeal without further notice. As of today's date, appellant has not filed an extension motion.
The trial court signed its judgment on February 9, 2015. Appellant filed a timely motion for new trial on March 6, 2015. Accordingly, the notice of appeal was due on Monday, May 11, 2015. See TEX. R. APP. P. 26.1(a)(1). An extension of time may be granted if an appellant files a notice of appeal within fifteen days of the deadline and files a motion complying with rule of appellate procedure 10.5(b). See TEX. R. APP. P. 26.3 & 10.5(b). Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).
Appellant filed his notice of appeal on May 15, 2015, four days past the due date. Although given an opportunity to cure the timeliness problem, appellant has failed to do so. Accordingly, we grant appellee's motion and dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
150642F.P05
JUDGMENT
On Appeal from the 193rd Judicial District Court, Dallas County, Texas.
Trial Court Cause No. DC-13-07855.
Opinion delivered by Justice Fillmore. Justices Myers and Evans participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee CRISTAL RODRIGUEZ recover her costs of this appeal from appellant JEFFREY KEITH HEBERT.