Cristi Holland v. Estate of Philip Wayne Jackson

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

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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

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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.