Demetrius T. Crockett v. Amazon Logistics, Inc.

• Court: Court of Appeals of Texas
• Decided: January 17, 2025
• Docket: 03-24-00724-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00724-CV

Demetrius T. Crockett, Appellant

v.

Amazon Logistics, Inc., Appellee

FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY NO. C-1-CV-23-005011, THE HONORABLE ERIC SHEPPERD, JUDGE PRESIDING

M E M O RAN D U M O PI N I O N

On November 4, 2024, Demetrius T. Crockett filed a notice of appeal, attempting

to appeal from the trial court’s July 18, 2024 order granting appellee’s motion to compel arbitration

and dismissing all claims with prejudice. See In re Gulf Expl., LLC, 289 S.W.3d 836, 839–40 (Tex.

2009) (noting party may appeal order compelling arbitration if it dismisses underlying litigation

so order is final, not interlocutory). Because the order was signed on July 18, 2024, and Crockett

timely filed his motion for new trial on August 9, 2024, the deadline for him to file his notice of

appeal was on or before October 16, 2024. See Tex. R. App. P. 26.1(a) (setting deadline to file

notice of appeal within ninety days after judgment is signed when party timely files motion for

new trial). However, Crockett’s notice of appeal was not filed until November 4, 2024. Although

this Court may grant a 15-day extension, the notice of appeal was also filed outside the extension period. See id. R. 26.3 (authorizing appellate court to extend deadline to file notice of appeal by

fifteen days).

On December 5, 2024, the Clerk of this Court advised Crockett that his appeal

appeared to be untimely, requested a response from him on or before December 16, 2024,

explaining how this Court may exercise jurisdiction over his appeal, and informed him that his

appeal may be dismissed for want of jurisdiction unless he timely responded and demonstrated

jurisdiction. On December 18, Crockett responded but did not indicate any reason that he believes

his notice of appeal is timely or present any information that allows the Court to extend the

deadline to file the notice of appeal.

Because Crockett did not file his notice of appeal timely, we do not have jurisdiction

over his appeal. See id. R. 25.1(b) (providing that filing notice of appeal invokes appellate court’s

jurisdiction); see also id. R. 2 (prohibiting appellate court from altering the time for perfecting an

appeal in a civil case). Thus, we dismiss it for want of jurisdiction. See id. R. 42.3(a).

__________________________________________ Rosa Lopez Theofanis, Justice

Before Justices Triana, Theofanis, and Crump

Dismissed for Want of Jurisdiction

Filed: January 17, 2025