In the Interest of E.D. and R.M., Children v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 1, 2024
• Docket: 05-24-00978-CV
• Status: Published

Opinion

Dismissed and Opinion Filed October 1, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00978-CV

IN THE INTEREST OF E.D. AND R.M., CHILDREN

On Appeal from the 256th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-23-00939

MEMORANDUM OPINION Before Justices Partida-Kipness, Goldstein, and Miskel Opinion by Justice Partida-Kipness By letter dated August 26, 2024, we questioned our jurisdiction over this

appeal because the notice of appeal appeared to be untimely. We directed appellant

to file a letter brief addressing the jurisdictional issue no later than September 5,

2024. In our letter, we cautioned appellant that the appeal was subject to dismissal

without further notice should he fail to file the requested letter brief. To date,

appellant has not filed the requested letter brief.

Under the record before us, we conclude appellant’s notice of appeal was not

timely filed. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX.

R. APP. P. 42.3(b), (c); see also 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).

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 240978F.P05

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

IN THE INTEREST OF E.D. AND On Appeal from the 256th Judicial R.M., CHILDREN District Court, Dallas County, Texas Trial Court Cause No. DF-23-00939. No. 05-24-00978-CV Opinion delivered by Justice Partida- Kipness. Justices Goldstein and Miskel participating.

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

It is ORDERED that appellee TsehayAregay recover her costs of this appeal from appellant Dereje Duda.

Judgment entered October 1, 2024

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