Opinion
No. 05-16-00532-CV
07-29-2016
IN THE INTEREST OF E.G.B., A CHILD
On Appeal from the 330th Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-13-10116
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang-Miers and Stoddart
Opinion by Chief Justice Wright
By letter dated June 27, 2016, the Court questioned its jurisdiction over this appeal because it appeared the notice of appeal is untimely. We instructed appellant to file, by July 10, 2016, a letter brief addressing our concern and cautioned her that failure to do so may result in dismissal of the appeal without further notice. As of today's date, appellant has not responded.
If no timely post-judgment motion extending the appellate timetable is filed, a notice of appeal is due thirty days after the date the judgment is signed. See TEX. R. APP. P. 26.1. Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).
The trial court signed the judgment on February 24, 2016. Because appellant did not file a post-judgment motion extending the appellate timetable, the notice of appeal was due on March 25, 2016, thirty days after the date the judgment was signed. See TEX. R. APP. P. 26.1. Appellant filed a notice of appeal on May 3, 2016, thirty-nine days past the due date. Because appellant did not file a timely notice of appeal, this Court lacks jurisdiction over the appeal. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE 160532F.P05
JUDGMENT
On Appeal from the 330th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DF-13-10116.
Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees JANICE LOHMANN AND WILLIAM LOHMANN recover their costs of this appeal from appellant BRITTANY ALI. Judgment entered July 29, 2016.