$1,709.00 in U.S. Currency v. the State of Texas
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Opinion
In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-23-00154-CV ___________________________
$1,709.00 IN U.S. CURRENCY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from Criminal District Court No. 4 Tarrant County, Texas Trial Court No. S-14605
Before Birdwell, Bassel, and Womack, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION
Appellant Derek Phillips attempts to appeal the default judgment against his
interest in $1,709.00 in U.S. Currency. The State of Texas filed a notice of seizure and
intended forfeiture of the money on June 30, 2020. Phillips was served with the notice
on July 14, 2020. On August 11, 2020, the trial court found that Phillips had failed to
answer or appear and entered a default judgment ordering the forfeiture of the
money. No postjudgment motions were filed to extend the appellate deadline, so
Phillip’s notice of appeal was due September 10, 2020. See Tex. R. App. P. 26.1.
Phillips did not file his notice of appeal until May 5, 2023.
By letter dated May 9, 2023, we notified Phillips of our concern that we may not
have jurisdiction over this appeal because the notice of appeal was not timely filed. See id.;
see also In re D.A., No. 02-15-00346-CV, 2015 WL 9244637, at *1 (Tex. App.—Fort Worth
Dec. 17, 2015, no pet.) (mem. op.) (“The time for filing a notice of appeal is jurisdictional
in this court, and absent a timely[ ]filed notice of appeal or extension request, we must
dismiss the appeal.”). We warned him that this appeal could be dismissed for want of
jurisdiction unless we received a response showing grounds for continuing the appeal by
May 19, 2023. See Tex. R. App. P. 44.3. We received no response.
Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P.
42.3(a), 43.2(f).
Per Curiam
Delivered: June 29, 2023
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