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In re Interest of N.D.W.B.

Court of Appeals Fifth District of Texas at Dallas
Aug 14, 2017
No. 05-17-00748-CV (Tex. App. Aug. 14, 2017)

Opinion

No. 05-17-00748-CV

08-14-2017

IN THE INTEREST OF N.D.W.B., A CHILD


On Appeal from the 330th Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-08-20670

MEMORANDUM OPINION

Before Chief Justice Wright, Justice Francis, and Justice Stoddart
Opinion by Chief Justice Wright

By letter dated July 20, 2017, the Court questioned its jurisdiction over this appeal because it appeared the notice of appeal was untimely. We instructed appellant to file, by July 31, 2017, a letter brief addressing our concern and cautioned him that failure to comply may result in dismissal of the appeal without further notice. As of today's date, appellant has not filed a response.

When a party files a timely post-judgment motion extending the appellate deadlines, a notice of appeal is due ninety days after the date the judgment is signed. See TEX. R. APP. P. 26.1(a). Without a timely notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).

The trial court signed the judgment on January 7, 2017. Appellant filed a timely motion for new trial on February 6, 2017. Accordingly, the notice of appeal was due by April 7, 2017, ninety days after the date the judgment was signed. Appellant filed a notice of appeal on June 30, 2017, eighty-four days past the deadline.

We note that appellant states in his notice of appeal that this is a restricted appeal. In a restricted appeal, the notice of appeal is due within six months after the judgment is signed. See TEX. R. APP. P. 26.1(c). A restricted appeal, however, is not available to a party who participated at trial either in person or through counsel or filed a timely post-judgment motion. See TEX. R. APP. P. 30. The record before this Court shows that appellant did both.

Because the notice of appeal was untimely, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

/Carolyn Wright/

CAROLYN WRIGHT

CHIEF JUSTICE 170748F.P05

JUDGMENT

On Appeal from the 330th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DF-08-20670.
Opinion delivered by Chief Justice Wright. Justices Francis and Stoddart participating.

In accordance with this Court's opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee Nina Williams recover her costs of this appeal from appellant Donald Ray Bowman. Judgment entered August 14, 2017.


Summaries of

In re Interest of N.D.W.B.

Court of Appeals Fifth District of Texas at Dallas
Aug 14, 2017
No. 05-17-00748-CV (Tex. App. Aug. 14, 2017)
Case details for

In re Interest of N.D.W.B.

Case Details

Full title:IN THE INTEREST OF N.D.W.B., A CHILD

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Aug 14, 2017

Citations

No. 05-17-00748-CV (Tex. App. Aug. 14, 2017)