Opinion
05-21-00420-CV
08-10-2021
TRACY LYNNEE HENDRICKS, Appellant v. THE KONTOUR AT KESSLER PARK, Appellee
On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-20-05095-D
Before Justices Osborne, Pedersen, III, and Nowell
MEMORANDUM OPINION
BILL PEDERSEN, III JUSTICE
We questioned our jurisdiction over this appeal because it appeared appellant's notice of appeal was untimely. Because appellant filed the notice of appeal within the grace period, we instructed her to file an extension motion and cautioned her that failure to comply may result in dismissal of the appeal without further notice.
When a party does not file a post-judgment motion extending the appellate timetable, a notice of appeal is due thirty days or, with an extension motion, fifteen days after the due date. See TEX. R. APP. P. 26.1; 26.3. Without a timely filed notice of appeal, this Court lacks jurisdiction. See Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 545 (Tex. App.-Dallas 2009, no pet.) (op. on reh'g) (timely filing of notice of appeal jurisdictional).
The trial court signed the judgment on April 21, 2021. Appellant did not file a post-judgment motion extending the appellate timetable. Accordingly, the notice of appeal was due on May 21, 2021 or, with an extension motion, June 7, 2021. See id. 26.1, 26.3, 4.1(a). Although appellant filed a notice of appeal on June 7, 2021, she has failed to file the required extension motion so as to invoke our jurisdiction over the appeal.
We dismiss the appeal 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.
Judgment entered this 10th day of August, 2021.