Aaron Drake III v. Katoheline Drake

• Court: Court of Appeals of Texas
• Decided: November 8, 2023
• Docket: 05-23-00821-CV
• Status: Published

Opinion

DISMISS and Opinion Filed November 8, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00821-CV

AARON DRAKE, III, Appellant V. KATOHELINE DRAKE, Appellee

On Appeal from the 254th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-22-01299

MEMORANDUM OPINION Before Justices Carlyle, Smith, and Kennedy Opinion by Justice Kennedy This appeal challenges the trial court’s November 7, 2022 final decree of

divorce. No request for findings of fact or a motion for new trial or modify judgment

was timely filed, and the conditions for a restricted appeal are not met. Accordingly,

the notice of appeal was due within thirty days of judgment or December 6, 2022.

See TEX. R. APP. P. 26.1(a), 26.3. The notice of appeal was filed August 21, 2023.

Because the timely filing of a notice of appeal is jurisdictional, we directed

appellant to file a letter brief addressing the jurisdictional issue. See Brashear v.

Victoria Gardens of McKinney, LLC, 302 S.W.3d 542, 545 (Tex. App.—Dallas 2009, no pet.) (op. on reh’g) (timely filing of notice of appeal is jurisdictional).

Appellant complied. In his letter brief, appellant asserts details about his marriage

with appellee, but does not address our jurisdictional concerns.

Because the notice of appeal was untimely filed, we dismiss the appeal and

all pending motions for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

/Nancy Kennedy/ NANCY KENNEDY JUSTICE

230821F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

AARON DRAKE III, Appellant On Appeal from the 254th Judicial District Court, Dallas County, Texas No. 05-23-00821-CV V. Trial Court Cause No. DF-22-01299. Opinion delivered by Justice KATOHELINE DRAKE, Appellee Kennedy, Justices Carlyle and Smith participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee KATOHELINE DRAKE recover her costs, if any, of this appeal from appellant AARON DRAKE III.

Judgment entered November 8, 2023.

–3–