Opinion
No. 05-19-01403-CV
06-12-2020
On Appeal from the 302nd Judicial District Court Dallas County, Texas
Trial Court Cause No. CV-19-00337
MEMORANDUM OPINION
Before Justices Whitehill, Osborne, and Carlyle
Opinion by Justice Whitehill
This is an appeal from the trial court's order dismissing appellant's application for a protective order. Because the order recites the application was dismissed at appellant's request, we questioned appellant's standing to file the appeal and, in turn, our jurisdiction. See McAllen Med. Ctr., Inc. v. Cortez, 66 S.W.3d 227, 234 (Tex. 2001) ("[S]tanding requires that the controversy adversely affect the party seeking review."); Tex. Ass'n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 443 (Tex. 1993) ("Subject matter jurisdiction is essential to the authority of a court to decide a case. Standing is implicit in the concept of subject matter jurisdiction.").
By letter dated May 4, 2020, we directed appellant to file, no later than May 14, 2020, a letter brief addressing the Court's concern. Rather than filing the letter brief, appellant filed a motion for extension of time. The motion, however, was rejected on May 15, 2020 for non-compliance with the rules of appellate procedure, and appellant was instructed to file a compliant motion within three days. See TEX. R. APP. P. 9. To date, appellant has not filed an amended motion or otherwise communicated with the Court.
Our letter directing appellant to file a jurisdictional letter brief cautioned her that failure to comply could result in dismissal of the appeal without further notice. See id. 42.3(a),(c). As the record reflects appellant requested the dismissal of her application for a protective order, she was not adversely affected by the order of dismissal and lacks standing to bring this appeal. See McAllen Med. Ctr., 66 S.W.3d at 234. Accordingly, we dismiss the appeal for lack of jurisdiction. See TEX. R. APP. P. 42.3(a); Tex. Ass'n of Bus., 852 S.W.2d at 443.
/Bill Whitehill/
BILL WHITEHILL
JUSTICE 191403F.P05
JUDGMENT
On Appeal from the 302nd Judicial District Court, Dallas County, Texas
Trial Court Cause No. CV-19-00337.
Opinion delivered by Justice Whitehill, Justices Osborne and Carlyle participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal. Judgment entered June 12, 2020.