Opinion
No. 05-15-01458-CV
02-05-2016
URBAN LEAGUE OF GREATER DALLAS AND NORTH CENTRAL TEXAS, INC., Appellants v. LARRY SHAWN D/B/A FIX MY PHONE BILL, Appellee
On Appeal from the 191st Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-14-06156
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright
The trial court signed a judgment against the Urban League of Greater Dallas and North Central Texas, Inc., on August 14, 2015. Appellants filed a timely motion for new trial on September 14, 2015. And, on November 27, 2015, appellants filed their notice of appeal. By letter dated January 08, 2016, the court of appeals questioned its jurisdiction over the appeal because it appeared the notice of appeal was untimely. We noted the notice of appeal was filed within fifteen days of the deadline, and informed appellants they could cure the timeliness problem by filing a motion for extension of time to file the notice of appeal by January 18, 2016. To date, appellant has not filed an extension.
Our jurisdiction is invoked upon the timely filing of a notice of appeal from a final judgment. Lehman v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Garza v. Hibernia Nat'l Bank, 227 S.W.3d 233, 233 (Tex. App. - Houston [1st Dist.] 2007, no pet.). Here, the notice of appeal was due November 12, 2015 but was not filed with the court until November 27, 2015. See TEX. R. APP. P. 26.1 (a)(1).
Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b). Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE 151458F.P05
JUDGMENT
On Appeal from the 191st Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-14-06156.
Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating.
In accordance with this Court's opinion of this date, this appeal is DISMISSED for want of jurisdiction.
It is ORDERED that appellee LARRY SHAWN D/B/A FIX MY PHONE BILL recover their costs of this appeal from appellants URBAN LEAGUE OF GREATER DALLAS AND NORTH CENTRAL TEXAS. Judgment entered February 5, 2016.