Opinion
05-24-00145-CV
06-04-2024
SCOTT SCHUMACHER, Appellant v. DALLAS COUNTY, ET AL., Appellees
On Appeal from the 95th District Court Dallas County, Texas Trial Court Cause No. TX-22-00673
Before Justices Smith, Miskel, and Breedlove
MEMORANDUM OPINION
MARICELA BREEDLOVE, JUSTICE
This appeal, challenging the trial court's January 24, 2023 final default judgment, was filed February 9, 2024. Because the appeal was filed well over a year after the judgment was signed and appeared untimely, we informed appellant that the appeal was subject to dismissal for want of jurisdiction unless he demonstrated the appeal was, in fact, timely. See Tex. R. App. P. 26.1 (setting deadlines for filing notice of appeal ranging from twenty days to six months from date judgment or appealable order signed, depending on type of judgment or order being appealed); Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 545 (Tex. App.-Dallas 2009, no pet.) (op. on reh'g) (timely filing of notice of appeal is jurisdictional). Appellant filed a brief in response, but the brief addresses the merits of the appeal rather than demonstrating our jurisdiction. Accordingly, because the notice of appeal was not timely filed, we dismiss the appeal. See Tex. R. App. P. 42.3(a).
JUDGMENT
In accordance with this Court's opinion of this date, we DISMISS the appeal.
We ORDER that appellees Dallas County, Parkland Hospital District, Dallas County Community College District, Dallas County School Equalization Fund, Dallas Independent School District, and City of Dallas recover their costs, if any, of this appeal from appellant Scott Schumacher.
Judgment entered June 4, 2024.