Cristi Holland v. Estate of Philip Wayne Jackson
This text of Cristi Holland v. Estate of Philip Wayne Jackson (Cristi Holland v. Estate of Philip Wayne Jackson) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
DISMISSED and Opinion Filed June 27, 2024
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00531-CV
CRISTI HOLLAND, Appellant V. ESTATE OF PHILIP WAYNE JACKSON, Appellee
On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-24-01266-D
MEMORANDUM OPINION Before Justices Smith, Miskel, and Breedlove Opinion by Justice Miskel Before the court is appellee’s June 7, 2024 motion to dismiss this appeal
because, in part, appellant failed to timely file her notice of appeal. Appellant failed
to respond to appellee’s motion.
In the absence of a timely post-judgment motion extending the appellate
timetable, the notice of appeal is due thirty days after the judgment is signed. See
TEX. R. APP. P. 26.1. Here, the judgment was signed March 19, 2024, and the record
does not show any timely post-judgment motion extending the appellate timetable.
Accordingly, the notice of appeal was due April 18, 2024, or with an extension motion, no later than May 3, 2024. See TEX. R. APP. P. 26.1(a), 26.3. Appellant filed
her notice of appeal on May 6, 2024.
Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX.
R. APP. P. 25.1(b); 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 grant appellee’s motion and dismiss the appeal for want
of jurisdiction. See TEX. R. APP. P. 42.3(a); Brashear, 302 S.W.3d at 545.
/Emily Miskel/ EMILY MISKEL 240531F.P05 JUSTICE
–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT
CRISTI HOLLAND, Appellant On Appeal from the County Court at Law No. 4, Dallas County, Texas No. 05-24-00531-CV V. Trial Court Cause No. CC-24-01266- D. ESTATE OF PHILIP WAYNE Opinion delivered by Justice Miskel. JACKSON, Appellee Justices Smith and Breedlove participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED for want of jurisdiction.
Judgment entered this 27th day of June 2024.
–3–
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Cristi Holland v. Estate of Philip Wayne Jackson, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cristi-holland-v-estate-of-philip-wayne-jackson-texapp-2024.