Opinion
05-24-00433-CV
08-30-2024
On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-13175
Before Justices Partida-Kipness, Pedersen, III, and Carlyle, J.
MEMORANDUM OPINION
ROBBIE PARTIDA-KIPNESS JUSTICE.
We questioned our jurisdiction over this appeal from the trial court's November 3, 2023 order granting appellees' plea to the jurisdiction as it did not appear to have been timely filed. 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) (timely filing of notice of appeal is jurisdictional). Because no motion for new trial or request for findings of fact and conclusions of law was filed, the notice of appeal was due December 4, 2023, or with an extension motion, December 19, 2023. See TEX. R. APP. P. 4.1, 26.1, 26.3. The notice of appeal was not filed, however, until April 10, 2024.
At our request, the parties filed jurisdictional letter briefs. Appellant's letter brief does not demonstrate we have jurisdiction. Accordingly, we dismiss the appeal. See id. 42.3(a); Brashear, 302 S.W.3d at 545.
JUDGMENT
In accordance with this Court's opinion of this date, we DISMISS the appeal.