Opinion
05-22-00860-CV
03-02-2023
IN THE INTEREST OF A.M.S. AND E.C.S., CHILDREN
On Appeal from the 196th Judicial District Court Hunt County, Texas Trial Court Cause No. 90244
Before Justices Partida-Kipness, Smith, and Breedlove
MEMORANDUM OPINION
Partida-Kipness Justice
We questioned our jurisdiction over this appeal from the trial court's decree of divorce as it appeared the notice of appeal was untimely. As directed by this Court, appellant filed a letter brief addressing the jurisdictional issue.
When a party does not file a timely post-judgment motion extending the appellate timetable, a notice of appeal is due thirty days after the judgment is signed or, with an extension motion, fifteen days after the deadline. See TEX. R. APP. P. 26.1(A), 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 divorce decree on April 27, 2022. Appellant did not file a request for findings of fact or motion for new trial or to modify the judgment. However, at the time the decree was signed, a motion to modify temporary orders filed by appellant was pending. The record reflects the trial court heard the motion to modify on August 24, 2022 and dismissed it as moot on the record. Appellant filed his notice of appeal on August 29, 2022.
A notation of the dismissal is also on the trial court's Docket Sheet.
In his letter brief, appellant asserts the underlying case was not closed until August 24, 2022, when the trial court determined the motion to modify. Appellant is incorrect. The temporary orders were rendered moot by the entry of the final divorce decree, see In re M.L.R., No. 05-15-00647-CV, 2016 WL 5791530, at *2 (Tex. App.-Dallas Oct. 4, 2016, no pet.) (mem. op.) (internal citations omitted), and no claims remained pending once the trial court signed the decree.
Accordingly, because appellant did not file a timely post-judgment motion extending the appellate timetable, the notice of appeal was due on May 27, 2022 or, with an extension motion, Monday, June 13, 2022. See TEX. R. APP. P. 4.1(A), 26.1, 26.3. BECAUSE THE NOTICE OF APPEAL WAS NOT FILED UNTIL AUGUST 29, 2022, 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.