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.