Adolfo Aleman v. State

• Court: Court of Appeals of Texas
• Decided: July 11, 2019
• Docket: 05-19-00533-CV
• Status: Published

Opinion

DISMISS and Opinion Filed July 11, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00533-CV

ADOLFO ALEMAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F-0939128

MEMORANDUM OPINION Before Justices Schenck, Osborne, and Reichek Opinion by Justice Reichek

This appeal from the trial court’s April 19, 2010 “order for court fees to be paid from

inmate trust account” was filed nine years after the order was signed, on April 22, 2019. Because

an appeal must generally be filed within thirty days from the date the judgment is signed, we

questioned our jurisdiction over the appeal. See TEX. R. APP. P. 26.1; Brashear v. Victoria Gardens

of McKinney, L.L.C., 302 S.W.3d 542, 545 (Tex. App.—Dallas 2009, no pet.) (op. on reh’g)

(timely filing of notice of appeal is jurisdictional). We directed appellant to file a letter brief

addressing our concern and cautioned him that failure to comply by June 17, 2019 could result in dismissal of the appeal without further notice. See TEX. R. APP. P. 42.3(a),(c). To date, appellant

has not responded. Accordingly, lacking jurisdiction, we dismiss the appeal. See id. 42.3(a).

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE

190533F.P05

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

ADOLFO ALEMAN, Appellant On Appeal from the 291st Judicial District Court, Dallas County, Texas No. 05-19-00533-CV V. Trial Court Cause No. F-0939128. Opinion delivered by Justice Reichek, THE STATE OF TEXAS, Appellee Justices Schenck and Osborne participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Judgment entered July 11, 2019.

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