Opinion
05-24-00531-CV
06-27-2024
CRISTI HOLLAND, Appellant v. ESTATE OF PHILIP WAYNE JACKSON, Appellee
On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-24-01266-D
Before Smith, Miskel, and Breedlove, Justices.
MEMORANDUM OPINION
EMILY MISKEL, JUSTICE
Before the court is appellee's June 7, 2024 motion to dismiss this appeal because, in part, appellant failed to timely file her notice of appeal. Appellant failed to respond to appellee's motion.
In the absence of a timely post-judgment motion extending the appellate timetable, the notice of appeal is due thirty days after the judgment is signed. See TEX. R. APP. P. 26.1. Here, the judgment was signed March 19, 2024, and the record does not show any timely post-judgment motion extending the appellate timetable. Accordingly, the notice of appeal was due April 18, 2024, or with an extension motion, no later than May 3, 2024. See TEX. R. APP. P. 26.1(a), 26.3. Appellant filed her notice of appeal on May 6, 2024.
Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b); 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 is jurisdictional). We grant appellee's motion and dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a); Brashear, 302 S.W.3d at 545.
JUDGMENT
In accordance with this Court's opinion of this date, the appeal is DISMISSED for want of jurisdiction.