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Tyler v. Tri City Animal Shelter & City of Cedar Hill

Court of Appeals of Texas, Fifth District, Dallas
Aug 30, 2024
No. 05-24-00433-CV (Tex. App. Aug. 30, 2024)

Opinion

05-24-00433-CV

08-30-2024

MARY L. TYLER, Appellant v. TRI CITY ANIMAL SHELTER AND CITY OF CEDAR HILL, Appellees


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.


Summaries of

Tyler v. Tri City Animal Shelter & City of Cedar Hill

Court of Appeals of Texas, Fifth District, Dallas
Aug 30, 2024
No. 05-24-00433-CV (Tex. App. Aug. 30, 2024)
Case details for

Tyler v. Tri City Animal Shelter & City of Cedar Hill

Case Details

Full title:MARY L. TYLER, Appellant v. TRI CITY ANIMAL SHELTER AND CITY OF CEDAR…

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

Date published: Aug 30, 2024

Citations

No. 05-24-00433-CV (Tex. App. Aug. 30, 2024)