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Ortega v. F&M Props.

Court of Appeals of Texas, Fifth District, Dallas
Mar 25, 2024
No. 05-24-00100-CV (Tex. App. Mar. 25, 2024)

Opinion

05-24-00100-CV

03-25-2024

SARA MIRIAM SANCHEZ ORTEGA AND DIMAS CASTRO VACIO, Appellants v. F&M PROPERTIES, Appellee


On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-17601

Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III

MEMORANDUM OPINION

ROBERT D. BURNS, III CHIEF JUSTICE

Appellants appeal from the trial court's Final Summary Judgment signed on October 24, 2023. After filing a timely motion for new trial, appellants filed a notice of appeal on January 30, 2024, ninety-eight days after the judgment was signed. Because appellants failed to file a notice of appeal within ninety days of the date of judgment, appellee has filed a motion to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 26.1(a), 26.3 (where post-judgment motion filed extending appellate deadlines, notice of appeal due within ninety days of date of judgment or, with extension motion, within fifteen days of deadline); Brashear v. Victoria Gardens of McKinney, LLC, 302 S.W.3d 542, 545 (Tex. App.-Dallas 2009, no pet.) (op. on reh'g) (timely filing of notice of appeal is jurisdictional).

As of today's date, appellants have filed neither a response to appellee's motion to dismiss nor an extension of time to file the notice of appeal. Because appellants failed to timely file a notice of appeal, we grant appellee's motion and dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

JUDGMENT

In accordance with this Court's opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee F&M PROPERTIES recover its costs of this appeal from appellants SARA MIRIAM SANCHEZ ORTEGA AND DIMAS CASTRO VACIO.


Summaries of

Ortega v. F&M Props.

Court of Appeals of Texas, Fifth District, Dallas
Mar 25, 2024
No. 05-24-00100-CV (Tex. App. Mar. 25, 2024)
Case details for

Ortega v. F&M Props.

Case Details

Full title:SARA MIRIAM SANCHEZ ORTEGA AND DIMAS CASTRO VACIO, Appellants v. F&M…

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

Date published: Mar 25, 2024

Citations

No. 05-24-00100-CV (Tex. App. Mar. 25, 2024)