Charles Anthony Allen Sr. v. Tuesday Real Estate

• Court: Court of Appeals of Texas
• Decided: June 29, 2018
• Docket: 05-18-00383-CV
• Status: Published

Opinion

Dismiss and Opinion Filed June 29, 2018

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00383-CV

CHARLES ANTHONY ALLEN SR., Appellant V. TUESDAY REAL ESTATE, SUNWEST MORTGAGE INC. & REVERSE MORTGAGE FUNDING, INC., Appellees

On Appeal from the 95th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-09565

MEMORANDUM OPINION Before Justices Francis, Fillmore, and Whitehill Opinion by Justice Whitehill We questioned our jurisdiction over this appeal from the trial court’s October 23, 2017

order of dismissal as it did not appear the appeal was timely filed. See 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). Because a timely motion to reinstate was

filed, the notice of appeal was due January 22, 2018 or, with an extension motion, February 6,

2018. See TEX. R. APP. P. 4.1(a), 26.1(a), 26.3. The notice of appeal, however, was not filed until

April 3, 2018. We afforded appellant an opportunity to file a letter brief addressing our jurisdiction, but

he failed to do so and has not otherwise corresponded with the Court. Because the record reflects

the notice of appeal was untimely, we dismiss the appeal for want of jurisdiction. See id. 42.3(a).

/Bill Whitehill/ BILL WHITEHILL JUSTICE

180383F.P05

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

CHARLES ANTHONY ALLEN SR., On Appeal from the 95th Judicial District Appellant Court, Dallas County, Texas Trial Court Cause No. DC-15-09565. No. 05-18-00383-CV V. Opinion delivered by Justice Whitehill, Justices Francis and Fillmore participating. TUESDAY REAL ESTATE, SUNWEST MORTGAGE INC. & REVERSE MORTGAGE FUNDING INC., Appellees

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

Judgment entered June 29, 2018.

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