in the Interest of V.M.G., a Child

Opinion

DISMISS; and Opinion Filed October 26, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01023-CV

IN THE INTEREST OF V.M.G., A CHILD

On Appeal from the 255th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-18-10895

MEMORANDUM OPINION Before Justices Myers, Evans, and Brown Opinion by Justice Brown

This appeal from the trial court’s August 3, 2018 decree of divorce was filed September 5,

2018. Because no request for findings of fact and conclusions of law or motion for new trial or to

modify the judgment was filed, the notice of appeal was due September 4, 2018 or, with an

extension motion, September 19, 2018. See TEX. R. APP. P. 26.1, 26.3. The notice of appeal was

filed September 5, 2018, but without an extension motion.

By letter dated September 17, 2018, we directed appellant to file, no later than September

27, 2018, an extension motion explaining why the notice of appeal had been filed late. See id.

10.5(b), 26.3(b). We cautioned appellant that the appeal could be dismissed without further notice

if she failed to comply. See TEX. R. APP. P. 42.3(a); 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). To date, however, she has not complied or otherwise

corresponded with the Court. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).

/Ada Brown/ ADA BROWN JUSTICE

181023F.P05

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

IN THE INTEREST OF V.M.G., A CHILD On Appeal from the 255th Judicial District Court, Dallas County, Texas No. 05-18-01023-CV Trial Court Cause No. DF-18-10895. Opinion delivered by Justice Brown, Justices Myers and Evans participating.

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

Judgment entered this 26th day of October, 2018.

–3–