Opinion
04-24-00603-CV
10-04-2024
Anthony Rohlf, Appellant v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE,et al., Appellees
From the 81st Judicial District Court, Karnes County, Texas Trial Court No. 22-03-00038-CVK Honorable Russell Wilson, Judge Presiding.
ORDER
Luz Elena D. Chapa, Justice.
On July 26, 2024, appellant filed a notice of appeal from a judgment dismissing his case for want of prosecution dated March 25, 2024. The clerk's record was filed on October 1, 2024. It shows that on April 12, 2024 appellant filed a timely motion to reinstate pursuant to Rule 165a of the Texas Rules of Civil Procedure. However, a notice of appeal must be filed within ninety (90) days after the judgment is signed if a party timely files a motion to reinstate under Texas Rule of Civil Procedure 165a. See TEX. R. APP. P. 26.1(a)(3). Appellant's notice of appeal was therefore due no later than June 22, 2024.
Therefore, because it appears appellant's notice of appeal is untimely, we order appellant to show cause no later than November 4, 2024 why this appeal should not be dismissed for lack of jurisdiction. See Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 564 (Tex. 2005) (holding court of appeals lacks jurisdiction to consider appeal without a timely notice of appeal). If appellant fails to timely respond, this appeal will be dismissed. See TEX. R. APP. P. 42.3. All other appellate deadlines are suspended until further order of this court.