Doreatha Robinson v. Oak Apartment

• Court: Court of Appeals of Texas
• Decided: July 27, 2022
• Docket: 05-22-00300-CV
• Status: Published

Opinion

DISMISS and Opinion Filed July 27, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00300-CV

DOREATHA ROBINSON, Appellant V. THE OAKS 4614 LLC, INDIVIDUALLY AND D/B/A THE OAKS APARTMENTS, MBP TEXAS, LLC, INDIVDUALLY AND D/B/A CATALYST MULTIFAMILY MANAGEMENT AND D/B/A CATALYST MULTIFAMILY, AND ROSCOE PROPERTIES, INC., Appellees

On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-04167

MEMORANDUM OPINION Before Justices Schenck, Osborne, and Smith Opinion by Justice Osborne The Court questioned its jurisdiction over this appeal as it appeared the notice

of appeal was untimely. We directed appellant to file a letter brief addressing the

Court’s concern. Although appellant filed a letter, she failed to address the

jurisdictional issue.

When a party files a timely post-judgment motion extending the appellate

timetable, a notice of appeal is due ninety days or, with an extension motion, fifteen

days after the due date. See TEX. R. APP. P. 26.1(a), 26.3. Without a timely filed notice of appeal, this Court lacks jurisdiction. See Brashear v. Victoria Gardens of

McKinney, LLC, 302 S.W.3d 542, 545 (Tex. App.—Dallas 2009, no pet.) (op. on

reh’g) (timely notice of appeal is jurisdictional).

The trial court signed the judgment on July 30, 2018. The record reflects

appellant filed a letter on August 20, 2018 asking the trial court to “withdraw” the

judgment.1 Construing the letter as a motion for new trial, the notice of appeal should

have been filed no later than October 29, 2018 or, with an extension motion, no later

than November 13, 2018. See TEX. R. APP. P. 4.1(a), 26.1(a), 26.3. Appellant filed

the notice of appeal on April 5, 2022, more than three years past the due date.

Because appellant failed to file a timely notice of appeal, we dismiss the

appeal for want of jurisdiction. See id. 42.3(a).

/Leslie Osborne// 220300f.p05 LESLIE OSBORNE JUSTICE

1 This order is viewable on the trial court’s website. –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

DOREATHA ROBINSON, On Appeal from the 68th Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-17-04167. No. 05-22-00300-CV V. Opinion delivered by Justice Osborne. Justices Schenck and Smith THE OAKS 4614 LLC, participating. INDIVIDUALLY AND D/B/A THE OAKS APARTMENTS, MBP TEXAS, LLC, INDIVDUALLY AND D/B/A CATALYST MULTIFAMILY MANAGEMENT AND D/B/A CATALYST MULTIFAMILY, AND ROSCOE PROPERTIES, INC., Appellees

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered this 27th day of July, 2022.

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