Allen Ford and Raquel S. Ford v. RoseMarie Samuels, Independent Administrator of the Estate of Hattie B. Johnson (Deceased)

• Court: Court of Appeals of Texas
• Decided: April 28, 2021
• Docket: 05-21-00162-CV
• Status: Published

Opinion

DISMISS and Opinion Filed April 28, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00162-CV

ALLEN FORD AND RAQUEL S. FORD, Appellants V. ROSEMARIE SAMUELS, INDEPENDENT ADMINISTRATOR OF THE ESTATE OF HATTIE B. JOHNSON, DECEASED, Appellee

On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-20-05457-D

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Smith Opinion by Chief Justice Burns Appellants who are appearing before the Court pro se each filed a notice of

appeal. The Court questioned its jurisdiction over this appeal because appellants’

notices of appeal were untimely. We informed appellants that their notices of appeal

were filed within the fifteen-day grace period and that they could remedy the

timeliness problem by filing extension motions by March 29, 2021. See Tex. R.

App. P. 26.3. We cautioned appellants that failure to file extension motions within

the time specified would result in dismissal of the appeal without further notice. As

of today’s date, appellants have not filed the requested extension motions. The trial court signed the appealed order on January 28, 2021. Appellants did

not file a post-judgment motion extending the appellate deadline. Accordingly, the

notices of appeal were due on Monday, March 1, 2021. See TEX. R. APP. P. 4.1(a),

26.1. An extension of time may be granted if an appellant files a notice of appeal

within fifteen days of the deadline and an extension motion. See id. 26.3. Without a

timely filed notice of appeal, this Court lacks jurisdiction. See id. 25.1(b).

Appellant filed their respective notices of appeal on March 12, 2021, eleven

days late. Because appellants did not timely file the notices of appeal or obtain

an extension of time to file the notices of appeal, we dismiss the appeal for want

of jurisdiction. See id. 42.3(a).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

210162F.P05

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

ALLEN FORD AND On Appeal from the County Court at RAQUEL S. FORD, Appellants Law No. 4, Dallas County, Texas Trial Court Cause No. CC-20-05457- No. 05-21-00162-CV V. D. Opinion delivered by Chief Justice ROSEMARIE SAMUELS, Burns. Justices Molberg and Smith INDEPENDENT participating. ADMINISTRATOR OF THE ESTATE OF HATTIE B. JOHNSON, DECEASED, Appellee

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

Judgment entered April 28, 2021

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