Jeannie Burton v. Antonio Ascensio Ugarte

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00124-CV

JEANNIE BURTON, Appellant v.

ANTONIO ASCENSIO UGARTE, Appellee

From the 443rd District Court Ellis County, Texas Trial Court No. 101,521

MEMORANDUM OPINION

Appellant Jeannie Burton filed a pro se notice of appeal in this matter on April 26,

2023. Texas Rule of Appellate Procedure 26.1 provides that a notice of appeal must be

filed within thirty days after the judgment is signed. See TEX. R. APP. P. 26.1. The final

judgment in this case was signed by the trial court on September 2, 2022. Because the

notice of appeal was filed more than thirty days after the trial court’s September 2, 2022

judgment was signed, the notice of appeal is untimely. By letter dated June 1, 2023, the Clerk of this Court notified Appellant that this

appeal was subject to dismissal for want of jurisdiction because it appeared that her notice

of appeal was untimely. The Clerk of the Court notified Appellant that the Court may

dismiss the appeal unless, within ten days of the date of the letter, Appellant showed

grounds for continuing the appeal. Appellant has not done so.

Because our jurisdiction depends on a timely notice of appeal and because

Appellant’s notice of appeal is untimely, we dismiss this appeal for want of jurisdiction.

See id. R. 42.3(a); Howlett v. Tarrant Cnty., 301 S.W.3d 840, 843 (Tex. App.—Fort Worth

2009, pet. denied) (“A timely-filed notice of appeal confers jurisdiction on this court, and

absent a timely filed notice of appeal, we must dismiss the appeal.” (citing Verburgt v.

Dorner, 959 S.W.2d 615, 617 (Tex. 1997))).

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed June 28, 2023 [CV06]

Burton v. Ugarte Page 2