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Hendricks v. The Kontour at Kessler Park

Court of Appeals of Texas, Fifth District, Dallas
Aug 10, 2021
No. 05-21-00420-CV (Tex. App. Aug. 10, 2021)

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.


Summaries of

Hendricks v. The Kontour at Kessler Park

Court of Appeals of Texas, Fifth District, Dallas
Aug 10, 2021
No. 05-21-00420-CV (Tex. App. Aug. 10, 2021)
Case details for

Hendricks v. The Kontour at Kessler Park

Case Details

Full title:TRACY LYNNEE HENDRICKS, Appellant v. THE KONTOUR AT KESSLER PARK, Appellee

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

Date published: Aug 10, 2021

Citations

No. 05-21-00420-CV (Tex. App. Aug. 10, 2021)