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Smith v. Portillo

Court of Appeals of Texas, Seventh District, Amarillo
Nov 9, 2021
No. 07-21-00246-CV (Tex. App. Nov. 9, 2021)

Opinion

07-21-00246-CV

11-09-2021

CARL EUGENE SMITH, APPELLANT v. CONCEPCION PORTILLO, APPELLEE


On Appeal from the County Court Lamb County, Texas Trial Court No. CC-3394, Honorable James M. DeLoach, Presiding

Before, QUINN, C.J., and PIRTLE and DOSS, JJ.

MEMORANDUM OPINION

PER CURIAM.

Appellant, Carl Eugene Smith, appearing pro se, appeals from the trial court's order granting the motion for summary judgment of Appellee, Concepcion Portillo, and dismissing all of Smith's claims. The trial court signed said order on June 1, 2021. As no post-judgment motions were filed, a notice of appeal was due within thirty days thereafter, by July 1, 2021. Tex.R.App.P. 26.1(a). Smith filed a notice of appeal on October 12, 2021.

A timely notice of appeal is essential to invoking this Court's jurisdiction. See Tex. R. App. P. 25.1(b), 26.1; Verburgt v. Dorner, 959 S.W.2d 615, 616-17 (Tex. 1997). By letter of October 15, 2021, we notified Smith that his notice of appeal appeared untimely and directed him to file a response by October 25 showing grounds for continuing the appeal or the appeal would be dismissed for want of jurisdiction. Smith has not filed a response or had any further communication with this Court to date.

Accordingly, we dismiss Smith's untimely appeal for want of jurisdiction. Tex.R.App.P. 42.3(a).


Summaries of

Smith v. Portillo

Court of Appeals of Texas, Seventh District, Amarillo
Nov 9, 2021
No. 07-21-00246-CV (Tex. App. Nov. 9, 2021)
Case details for

Smith v. Portillo

Case Details

Full title:CARL EUGENE SMITH, APPELLANT v. CONCEPCION PORTILLO, APPELLEE

Court:Court of Appeals of Texas, Seventh District, Amarillo

Date published: Nov 9, 2021

Citations

No. 07-21-00246-CV (Tex. App. Nov. 9, 2021)