Opinion
No. 05-20-00334-CV
05-22-2020
KELVIN SMITH AND ANGELIA SMITH, Appellants v. PONNACHAN OONNOONNI A/K/A MR. PETE, Appellee
On Appeal from the County Court at Law No. 5 Dallas County, Texas
Trial Court Cause No. CC-19-04082-E
MEMORANDUM OPINION
Before Justices Myers, Partida-Kipness, and Reichek
Opinion by Justice Reichek
Appellants appeal from the trial court's January 29, 2020 order dismissing their case for want of prosecution. Because appellants did not file a post-judgment motion extending the appellate deadline, the notice of appeal was due on February 28, 2020. See TEX. R. APP. P. 26.1. Appellants filed the notice of appeal on March 10, 2020, eleven days past the deadline but within the fifteen-day grace period. See Tex. R. App. P. 26.3. Without a timely notice of appeal, this Court lacks jurisdiction. See id. 25.1(b).
By letter dated March 31, 2020, the Court informed appellants that they could remedy the timeliness problem by filing, by April 14, 2020, a motion for extension of time to file the notice of appeal. See id. 26.3. We cautioned appellants that failure to file an extension motion by the specified date may result in dismissal of the appeal for want of jurisdiction without further notice. As of today's date, appellants have not filed an extension motion. Because appellants' notice of appeal is untimely, we dismiss this appeal for want of jurisdiction. See id. 42.3(a).
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE 200334F.P05
JUDGMENT
On Appeal from the County Court at Law No. 5, Dallas County, Texas
Trial Court Cause No. CC-19-04082-E.
Opinion delivered by Justice Reichek. Justices Myers and Partida-Kipness participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee PONNACHAN OONNOONNI A/K/A MR. PETE recover his costs of this appeal from appellants KELVIN SMITH AND ANGELIA SMITH. Judgment entered May 22, 2020