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Messemore v. Chase Manhattan

Court of Appeals of Texas, Fifth District, Dallas
Apr 30, 2008
No. 05-08-00182-CV (Tex. App. Apr. 30, 2008)

Opinion

No. 05-08-00182-CV

Opinion Filed April 30, 2008.

On Appeal from the 160th Judicial District Court, Dallas County, Texas, Trial Court Cause No. DC-07-03135.

Before Chief Justice THOMAS and Justices BRIDGES and FITZGERALD.


MEMORANDUM OPINION


Appellant Barbara P. Messemore appeals an August 16, 2007 final judgment. On September 13, 2007, appellant filed a motion for relief from the August 16, 2007 judgment in the trial court. On January 31, 2008, appellant filed a notice of appeal.

We questioned our jurisdiction over this appeal, and on February 28, 2008 we requested the parties to submit briefs addressing that question. Tex. R. App. P. 42.3(a). Appellant has submitted a brief. We now conclude that we lack appellate jurisdiction and accordingly dismiss the appeal.

Appellant did not timely file her notice of appeal. The trial court signed its judgment on August 16, 2007. Appellant timely filed a motion for new trial; therefore, her notice of appeal was due by November 14, 2007. See Tex. R. App. P. 26.1(a)(1). Appellant did not file her notice of appeal until January 31, 2008. The timely filing of a notice of appeal is jurisdictional. See Tex. R. App. P. 25.1(b).

We DISMISS this appeal for want of jurisdiction.


Summaries of

Messemore v. Chase Manhattan

Court of Appeals of Texas, Fifth District, Dallas
Apr 30, 2008
No. 05-08-00182-CV (Tex. App. Apr. 30, 2008)
Case details for

Messemore v. Chase Manhattan

Case Details

Full title:BARBARA P. MESSEMORE, Appellant v. CHASE MANHATTAN BANK USA, N.A. AS…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Apr 30, 2008

Citations

No. 05-08-00182-CV (Tex. App. Apr. 30, 2008)