Five Thousand One Hundred Six Dollars in United States Currency v. THE STATE OF TEXAS

• Court: Court of Appeals of Texas
• Decided: August 1, 2023
• Docket: 05-23-00526-CV
• Status: Published

Opinion

Dismissed and Opinion Filed August 1, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00526-CV

FIVE THOUSAND ONE HUNDRED SIX DOLLARS IN UNITED STATES CURRENCY, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-08743

MEMORANDUM OPINION Before Justices Partida-Kipness, Reichek, and Miskel Opinion by Justice Partida-Kipness We questioned our jurisdiction over this appeal because it appeared the

notice of appeal was untimely. When a party does not file a timely post-judgment

motion extending the appellate timetable, a notice of appeal is due thirty days after

the judgment is signed or, with an extension motion, fifteen days after the deadline.

See TEX. R. APP. P. 26.1, 26.3. Without a timely filed notice of appeal, this Court

lacks jurisdiction. See 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 jurisdictional). The trial court signed the judgment on October 9, 2020. Because appellant

did not file a timely post-judgment motion extending the appellate timetable, the

notice of appeal was due on November 9, 2020 or, with an extension motion,

November 24, 2020. See TEX. R. APP. P. 4.1(a), 26.1, 26.3. Appellant filed a notice

of appeal on May 24, 2023, more than two years late. Accordingly, we dismiss the

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

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

230526F.P05

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

FIVE THOUSAND ONE HUNDRED On Appeal from the 44th Judicial SIX DOLLARS IN UNITED District Court, Dallas County, Texas STATES CURRENCY, Appellant Trial Court Cause No. DC-20-08743. Opinion delivered by Justice Partida- No. 05-23-00526-CV V. Kipness. Justices Reichek and Miskel participating. THE STATE OF TEXAS, Appellee

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

Judgment entered August 1, 2023

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