Opinion
No. 05-16-01053-CV
12-14-2016
BRITTANY D. SANDOVAL, Appellant v. EMCASCO INSURANCE COMPANY, Appellee
On Appeal from the 68th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-16-04443
MEMORANDUM OPINION
Before Justices Bridges, Evans, and Schenck
Opinion by Justice Schenck
This appeal concerns a default judgment, which was signed May 25, 2016. Appellant filed her notice of appeal on August 31, 2016. However, because the record does not reflect appellant filed a motion to modify the judgment, or request for findings of facts and conclusions of law, the notice of appeal was due no later than June 24, 2016, or with a timely extension motion, July 11, 2016. See TEX. R. APP. P. 4.1, 26.1.
By letter dated October 5, 2016, we directed appellant to provide the Court, no later than October 17, 2016, a letter brief explaining how the Court has jurisdiction over the appeal. See Garza v. Hibernia Natl. Bank, 227 S.W.3d 233, 233 (Tex. App.—Houston [1st Dist.] 2007, no pet.) (timely filing of notice of appeal is jurisdictional). We cautioned appellant that failure to do so could result in dismissal of the appeal without further notice. By order dated October 19, 2016, we granted appellant's motion for an extension of time to file the jurisdictional letter brief and ordered her to file the brief no later than November 4, 2016. To date, appellant has not filed the letter brief, and nothing before us demonstrates our jurisdiction.
Accordingly, we dismiss the appeal for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).
/David J. Schenck/
DAVID SCHENCK
JUSTICE 161053F.P05
JUDGMENT
On Appeal from the 68th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-16-04443.
Opinion delivered by Justice Schenck. Justices Bridges and Evans participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee EMCASCO INSURANCE COMPANY recover costs of this appeal from appellant BRITTANY D. SANDOVAL. Judgment entered this 14th day of December, 2016.