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.