Doreatha Robinson v. the Oaks 4614 LLC, Individually and D/B/A the Oaks Apartments MBP Texas, LLC, Individually and D/B/A Catalyst Multifamily Management and D/B/A Catalyst Multifamily And Roscoe Properties, Inc

• Court: Court of Appeals of Texas
• Decided: February 27, 2019
• Docket: 05-18-01515-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed February 27, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01515-CV

DOREATHA ROBINSON, Appellant V. THE OAKS 4614 LLC, INDIVIDUALLY AND D/B/A THE OAKS APARTMENTS; MBP TEXAS, LLC, INDIVIDUALLY 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 Brown, Schenck, and Pedersen, III Opinion by Justice Schenck By letter dated January 7, 2019, the Court questioned its jurisdiction over this appeal as it

appeared the notice of appeal was untimely. TEX. R. APP. P. 26.1; Brashear v. Victoria Gardens of

McKinney, LLC, 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 instructed appellant to file a letter brief addressing

the Court’s concern. Appellant filed a letter brief in response to the Court’s request, but did not

address the jurisdictional issue.

When a timely motion for new trial is filed, a notice of appeal is due ninety days, or with

an extension motion, 105 days after the date the judgment is signed. See Tex. R. App. P. 26.1(a), 26.3. Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P.

26.1; Brashear, 302 S.W.3d at 545.

The record reflects the trial court signed an agreed order of dismissal on July 30, 2018. The

record also reflects appellant sent a letter dated August 7, 2018 to the trial court asking it to

“withdraw” the order. 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 a notice of appeal

on December 17, 2018.

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

of jurisdiction. See TEX. R. APP. P. 42.3(a).

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

181515F.P05

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

DOREATHA ROBINSON, Appellant On Appeal from the 68th Judicial District Court, Dallas County, Texas No. 05-18-01515-CV V. Trial Court Cause No. DC-17-04167. Opinion delivered by Justice Schenck, THE OAKS 4614 LLC, INDIVIDUALLY Justices Brown and Pedersen, III AND D/B/A THE OAKS APARTMENTS; participating. MBP TEXAS, LLC, INDIVIDUALLY 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, this appeal is DISMISSED.

Judgment entered this 27th day of February, 2019.

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