Anthony Rohlf v. Texas Department of Criminal Justice

• Court: Court of Appeals of Texas
• Decided: November 27, 2024
• Docket: 04-24-00603-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00603-CV

Anthony ROHLF, Appellant

v.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, et al., Appellees

From the 81st Judicial District Court, Karnes County, Texas Trial Court No. 22-03-00038-CVK Honorable Russell Wilson, Judge Presiding

PER CURIAM

Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice

Delivered and Filed: November 27, 2024

DISMISSED FOR LACK OF JURISDICTION

On July 26, 2024, appellant filed a notice of appeal from a judgment dated March 25, 2024,

dismissing his case for want of prosecution. The clerk’s record was filed on October 1, 2024. It

shows on April 12, 2024, appellant filed a timely motion to reinstate pursuant to Rule 165a of the

Texas Rules of Civil Procedure. However, a notice of appeal must be filed within ninety (90) days

after the judgment is signed if a party timely files a motion to reinstate under Texas Rule of Civil

Procedure 165a. See TEX. R. APP. P. 26.1(a)(3). Appellant’s notice of appeal was therefore due no

later than June 22, 2024, or a notice of appeal with a motion for extension of time was due no later 04-24-00603-CV

than July 8, 2024. See Thompson v. Unknown Harris Cnty. Sheriff's Deputy/Jailer, No. 14-24-

00238-CV, 2024 WL 2002756, at *1 (Tex. App.—Houston [14th Dist.] May 7, 2024, no pet.)

(dismissing appeal where appellant attempted to appeal order dismissing underlying case for want

of prosecution, but where notice of appeal was untimely after appellant filed timely motion to

reinstate).

Because it appeared appellant’s notice of appeal was untimely, we ordered appellant to

show cause no later than November 4, 2024, why this appeal should not be dismissed for lack of

jurisdiction. See Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 564 (Tex. 2005) (holding

court of appeals lacks jurisdiction to consider appeal without a timely notice of appeal). We

admonished appellant if he failed to timely respond, this appeal would be dismissed. See TEX. R.

APP. P. 42.3. Appellant has not filed a response.

Accordingly, this appeal is dismissed.

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