in the Interest of A.A.M, and A.A.M., Children

• Court: Court of Appeals of Texas
• Decided: January 18, 2023
• Docket: 05-22-01243-CV
• Status: Published

Opinion

DISMISS and Opinion Filed January 18, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-01243-CV

IN THE INTEREST OF A.A.M, AND A.A.M., CHILDREN

On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-50617-2020

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Breedlove Opinion by Justice Breedlove We questioned our jurisdiction over this appeal from the trial court’s August

5, 2022 final decree of divorce and October 18, 2022 “Memorandum and Order on

Petitioner’s Motion to Reconsider” as it appeared to have been untimely filed. 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(a) and 26.3, the

notice of appeal was due no later than November 3, 2022, or, with an extension

motion, November 18, 2022. See TEX. R. APP. P. 26.1(a) (providing ninety-day

deadline for filing notice of appeal when motion for new trial or to reconsider is

filed), 26.3 (providing for fifteen-day extension of time to file notice of appeal). The notice of appeal was filed November 17, 2022, within the extension period, but

without an extension motion. See id. 26.3.

In accordance with Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997), we gave

appellant 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 TEX. R. APP. P. 42.3(a); Brashear, 302 S.W.3d at 545.

/Maricela Breedlove/ MARICELA BREEDLOVE JUSTICE

221243F.P05

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

IN THE INTEREST OF A.A.M, On Appeal from the 401st Judicial AND A.A.M., CHILDREN District Court, Collin County, Texas Trial Court Cause No. 401-50617- No. 05-22-01243-CV 2020. Opinion delivered by Justice Breedlove, Justices Molberg and Reichek participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellee Arunabha Mukherjee recover his costs, if any, of this appeal from appellant Antara Mukherjee.

Judgment entered January 18, 2023.

–3–