Herman Kenyatta Rabb v. Hilario Pasillas

• Court: Court of Appeals of Texas
• Decided: May 21, 2024
• Docket: 05-24-00030-CV
• Status: Published

Opinion

DISMISS and Opinion Filed May 21, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00030-CV

HERMAN KENYATTA RABB, Appellant V. HILARIO PASILLAS AND MYSTYLYN PASILLAS, Appellees

On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-22-02366-C

MEMORANDUM OPINION Before Justices Molberg, Nowell, and Kennedy Opinion by Justice Molberg Appellant appeals from the trial court’s December 18, 2023 summary

judgment. We questioned our jurisdiction over the appeal because it appeared the

notice of appeal was untimely. 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 is jurisdictional). Under Texas Rules of

Appellate Procedure 26.1 and 26.3, the notice of appeal was due no later than

January 17, 2024 or, with an extension motion, February 1, 2024. See TEX. R. APP.

P. 26.1 (providing thirty-day deadline for filing notice of appeal), 26.3 (providing for fifteen-day extension of time to file notice of appeal). Appellant filed the

notice of appeal on January 18, 2024, within the extension period, but without an

extension motion. See id. 26.3.

Because appellant filed the notice of appeal within the fifteen-day grace

period, we gave him an opportunity to file an extension motion. Although we

cautioned appellant that failure to comply within ten days could result in dismissal

of the appeal without further notice, more than ten days have passed and appellant

has not complied. Accordingly, on the record before us, we dismiss the appeal for

want of jurisdiction. See id. 42.3(a); Brashear, 302 S.W.3d at 545.

/Ken Molberg/ KEN MOLBERG 240030F.P05 JUSTICE

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

HERMAN KENYATTA RABB, On Appeal from the County Court at Appellant Law No. 3, Dallas County, Texas Trial Court Cause No. CC-22-02366- No. 05-24-00030-CV V. C. Opinion delivered by Justice Molberg. HILARIO PASILLAS AND Justices Nowell and Kennedy MYSTYLYN PASILLAS, Appellees participating.

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

Judgment entered May 21, 2024

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