Opinion
No. 05-19-01585-CV
06-24-2020
ROBIN LOUISE THOMAS, Appellant v. DONALD ALLIE AND JACKIE MCCLINTOCK AS REPRESENTATIVES OF THE ESTATE OF THI PHAM, Appellees
On Appeal from the 191st Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-18-08195
MEMORANDUM OPINION
Before Justices Schenck, Molberg, and Nowell
Opinion by Justice Schenck
We questioned our jurisdiction over this appeal from the trial court's July 11, 2019 judgment because it appeared to have been untimely filed. As reflected in the clerk's record, a motion for new trial was timely filed, making the notice of appeal due no later than October 9, 2019 or, with an extension motion, no later than October 24, 2019. See TEX. R. APP. P. 26.1(a), 26.3. The notice of appeal, however, was not filed until December 27, 2019.
By letter dated January 22, 2020, we directed appellant to file, no later than February 3, 2020, a letter brief addressing our concern. We subsequently extended, on appellant's motions, the deadline four times. Our last order directed appellant to file the letter brief no later than June 3, 2020 and cautioned the appeal was subject to dismissal without further notice if the letter brief was not filed. See id. 42.3(a),(c).
Rather than filing the letter brief, appellant filed her brief on the merits. As appellees note in their responsive letter brief, however, nothing in appellant's merits brief addresses our jurisdiction.
A timely notice of appeal is a prerequisite for our jurisdiction. See 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). Because the notice of appeal here was filed more than two months after it was due, we lack jurisdiction and dismiss the appeal. See TEX. R. APP. P. 42.3(a); Brashear, 302 S.W.3d at 545.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE 191585F.P05
JUDGMENT
On Appeal from the 191st Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-18-08195.
Opinion delivered by Justice Schenck, Justices Molberg and Nowell participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal. Judgment entered this 24th day of June, 2020.