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Jackson v. James

Court of Appeals of Texas, First District, Houston
Apr 4, 2023
No. 1-22-00922-CV (Tex. App. Apr. 4, 2023)

Opinion

1-22-00922-CV

04-04-2023

Fitz D. Jackson v. Courtney E. James


Trial court: Probate Court No 2 of Harris County Trial court case number: 486625

NOTICE OF INTENT TO DISMISS FOR LACK OF JURISDICTION

Peter Kelly, Judge.

Appellant filed a notice of restricted appeal on December 12, 2022, challenging the trial court's August 12, 2022 final judgment. Appellant filed a post-judgment motion on August 17, 2022.

Appellant's post-judgment motion, which was a motion to set aside the judgment, was filed within thirty days of the date judgment was signed, and therefore, was timely filed. See Tex. R. Civ. P. 329b(a). When a party timely files a post-judgment motion, the appellate court lacks jurisdiction over a restricted appeal. See P & A Real Estate, Inc. v. Am. Bank of Tex., 323 S.W.3d 618, 619 (Tex. App.-Dallas 2010, no pet.).

Accordingly, the Court may dismiss this appeal for lack of jurisdiction unless appellant files a response, within ten days from the date of this order, establishing by citation to authority that this Court has jurisdiction over the appeal.

It is so ORDERED.


Summaries of

Jackson v. James

Court of Appeals of Texas, First District, Houston
Apr 4, 2023
No. 1-22-00922-CV (Tex. App. Apr. 4, 2023)
Case details for

Jackson v. James

Case Details

Full title:Fitz D. Jackson v. Courtney E. James

Court:Court of Appeals of Texas, First District, Houston

Date published: Apr 4, 2023

Citations

No. 1-22-00922-CV (Tex. App. Apr. 4, 2023)