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Miller v. Dart Area Rapid Transit

Court of Appeals Fifth District of Texas at Dallas
Apr 17, 2015
No. 05-15-00468-CV (Tex. App. Apr. 17, 2015)

Opinion

No. 05-15-00468-CV

04-17-2015

JOHNESHA MILLER, Appellant v. DART AREA RAPID TRANSIT, Appellee


On Appeal from the 44th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-12-13921

MEMORANDUM OPINION

Before Chief Justice Wright and Justices Lang-Miers and Stoddart
Opinion by Chief Justice Wright

Before the Court is appellant's motion for an extension of time to file a notice of appeal. Appellant states he is appealing the trial court's order of dismissal dated May 9, 2014. Appellant explains in his motion that he was unaware that he could file a notice of appeal and he did not have the advice of an attorney.

A notice of appeal is due thirty days after the date a judgment is signed or ninety days after the date a judgment is signed if an appellant files a timely post-judgment motion extending the appellate timetable. See TEX. R. APP. P. 26.1(a). An appellate court may extend the time to file a notice of appeal if, within fifteen days after the deadline for filing the notice of appeal, an appellant files the notice of appeal along with an extension motion. See TEX. R. APP. P. 26.3. An appellate court cannot otherwise alter the time for perfecting an appeal in a civil case. See TEX. R. APP. P. 2. Without a timely notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).

Appellant states in his motion that he filed a motion to reinstate. Assuming his motion to reinstate was timely filed, the notice of appeal would have been due on August 7, 2014, ninety days after the date the judgment was signed. See TEX. R. APP. P. 26.1(a). Appellant filed his notice of appeal on April 13, 2015. The notice of appeal was filed well past the deadline and the period of time in which to obtain an extension.

Because appellant failed to timely file his notice of appeal, this Court lacks jurisdiction over this appeal. See TEX. R. APP. P. 25.1(b). Accordingly, we deny appellant's motion and dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). 150468F.P05

/Carolyn Wright/

CAROLYN WRIGHT

CHIEF JUSTICE

JUDGMENT

On Appeal from the 44th Judicial District Court, Dallas County, Texas.
Trial Court Cause No. DC-12-13921.
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 appellee DART AREA RAPID TRANSIT recover its costs of this appeal from appellant JOHNESHA MILLER.


Summaries of

Miller v. Dart Area Rapid Transit

Court of Appeals Fifth District of Texas at Dallas
Apr 17, 2015
No. 05-15-00468-CV (Tex. App. Apr. 17, 2015)
Case details for

Miller v. Dart Area Rapid Transit

Case Details

Full title:JOHNESHA MILLER, Appellant v. DART AREA RAPID TRANSIT, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 17, 2015

Citations

No. 05-15-00468-CV (Tex. App. Apr. 17, 2015)