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Wilson v. Tarrant Cnty. Constables

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Dec 12, 2013
NO. 02-13-00382-CV (Tex. App. Dec. 12, 2013)

Opinion

NO. 02-13-00382-CV

12-12-2013

SHEILA WILSON APPELLANT v. TARRANT COUNTY CONSTABLES, ITS AGENTS, ASSIGNS AND/OR SUCCESSORS IN INTEREST, ITS AFFIANTS, U.S. PERSONS OF INTEREST (PERSON, FIRMS, CORPORATIONS AND POLITICAL ENTITIES), AND FEDERAL NATIONAL MORTGAGE ASSOCIATION, ITS AGENTS AND/OR SUCCESSORS IN INTEREST, AND ITS AFFIANTS APPELLEES


FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY

MEMORANDUM OPINION

Sheila Wilson appeals from a September 9, 2013 order dismissing her suit. Although her notice of appeal was due October 9, 2013, she did not mail it for filing until October 25, 2013; therefore, her notice of appeal was untimely. See Tex. R. App. P. 9.2(b), 26.1(a)(1), 26.3.

On October 28, 2013, we sent appellant a letter indicating our concern that we do not have jurisdiction over the appeal because the notice of appeal is untimely and stating that unless she filed a response showing grounds for continuing the appeal, the appeal could be dismissed. Although appellant filed a response, it does not show grounds for continuing the appeal.

Because appellant's notice of appeal is untimely, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 25.1(a), 26.1(a)(1), 42.3(a), 43.2(f); Crites v. Collins, 284 S.W.3d 839, 840 (Tex. 2009) (indicating that jurisdiction vests with a timely-filed notice of appeal); Howlett v. Tarrant Cnty., 301 S.W.3d 840, 843 (Tex. App.—Fort Worth 2009, pet. denied) (op. on reh'g) ("A timely-filed notice of appeal confers jurisdiction on this court, and absent a timely[-]filed notice of appeal, we must dismiss the appeal.").

PER CURIAM PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

See Tex. R. App. P. 47.4.


Summaries of

Wilson v. Tarrant Cnty. Constables

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Dec 12, 2013
NO. 02-13-00382-CV (Tex. App. Dec. 12, 2013)
Case details for

Wilson v. Tarrant Cnty. Constables

Case Details

Full title:SHEILA WILSON APPELLANT v. TARRANT COUNTY CONSTABLES, ITS AGENTS, ASSIGNS…

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Dec 12, 2013

Citations

NO. 02-13-00382-CV (Tex. App. Dec. 12, 2013)