Opinion
NO. 02-11-00426-CV
03-15-2012
ELNORA MOSES APPELLANT v. TEXAS COMMISSION ON APPELLEE ENVIRONMENTAL QUALITY
FROM THE 362ND DISTRICT COURT OF DENTON COUNTY
MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellant Elnora Moses brings this interlocutory appeal from the trial court's order granting the plea to the jurisdiction of Appellee Texas Commission on Environmental Quality and dismissing her claims against Appellee with prejudice. On February 13, 2012, we notified the parties that we were concerned that this court may lack jurisdiction over this appeal because it appeared that Appellant did not timely file her notice of appeal in this accelerated interlocutory appeal. We indicated that this case could be dismissed for want of jurisdiction if the parties did not show grounds for continuing the appeal by February 23, 2012. As of this date, we have received no response showing grounds for continuing the appeal. We have, however, received Appellant's motion to abate this appeal pending the final determination of Appellant's suit against Appellee in another county.
See Tex. R. App. P. 26.1(b), 28.1(b).
Because Appellant's notice of appeal was untimely, we dismiss this appeal for want of jurisdiction, and we dismiss Appellant's motion to abate.
Tex. R. App. P. 25.1; Howlett v. Tarrant Cnty., 301 S.W.3d 840, 843 (Tex. App.—Fort Worth 2009, pet. denied) ("A timely-filed notice of appeal confers jurisdiction on this court, and absent a timely filed notice of appeal, we must dismiss the appeal.").
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LEE ANN DAUPHINOT
JUSTICE
PANEL: DAUPHINOT, MCCOY, and MEIER, JJ.