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Simpson v. Church

Court of Appeals of Texas, Fifth District, Dallas
Jun 23, 2011
No. 05-11-00186-CV (Tex. App. Jun. 23, 2011)

Opinion

No. 05-11-00186-CV

Opinion Filed June 23, 2011.

On Appeal from the County Court at Law, Kaufman County, Texas, Trial Court Cause No. 81199-CC.

Before Justices MORRIS, MOSELEY, and FITZGERALD.


MEMORANDUM OPINION


By letter dated February 22, 2011, we notified appellant that her notice of appeal was untimely filed. Because the notice of appeal was filed within fifteen days of its due date, we informed appellant that she could remedy the problem by filing a motion for extension of time to file a notice of appeal. See Tex. R. App. P. 26.3. We sent a second letter to appellant on May 31, 2011 reminding her that she needed to file a motion for extension of time to file a notice of appeal. We cautioned appellant that if she did not file an extension motion within seven days of the date of the letter, her appeal may be dismissed for want of jurisdiction. To date, appellant has not filed a motion for extension of time to file her notice of appeal.

The trial court's judgment is dated January 12, 2011. Appellant did not file any post-judgment motion that extends the appellate deadline. Accordingly, appellant's notice of appeal was due on February 11, 2011, thirty days from the date of judgment. See Tex. R. App. P. 26.1. Appellant filed her notice of appeal on February 14, 2011. Without a timely filed notice of appeal, this Court lacks jurisdiction over the appeal. See Tex. R. App. P. 25.1(b).

Appellant did not file a timely notice of appeal or an extension of time to file a notice of appeal. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).


Summaries of

Simpson v. Church

Court of Appeals of Texas, Fifth District, Dallas
Jun 23, 2011
No. 05-11-00186-CV (Tex. App. Jun. 23, 2011)
Case details for

Simpson v. Church

Case Details

Full title:VELMA SIMPSON, Appellant v. DALLAS EAST LAKE CHURCH, Appellee

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

Date published: Jun 23, 2011

Citations

No. 05-11-00186-CV (Tex. App. Jun. 23, 2011)

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