Jeffrey Keith Hebert v. Rosa M. Maloney, Samuel L. Hebert, Ubaldo Flores, and Cristal Rodriguez, Jointly and Severally

• Court: Court of Appeals of Texas
• Decided: July 7, 2015
• Docket: 05-15-00642-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed July 6, 2015.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00642-CV

JEFFREY KEITH HEBERT, Appellant V. CRISTAL RODRIGUEZ, Appellee

On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-13-07855

MEMORANDUM OPINION Before Justices Fillmore, Myers, and Evans Opinion by Justice Fillmore Before the Court is appellee’s motion to dismiss the appeal. Appellee contends the

appeal should be dismissed for want of jurisdiction. In a letter to appellant’s counsel dated June

9, 2015, this Court questioned its jurisdiction over the appeal because it appeared the notice of

appeal was untimely. In that correspondence, we noted that the notice of appeal was filed within

fifteen days of the deadline and we instructed appellant that he could cure the timeliness problem

by filing, within ten days, a motion for extension of time to file the notice of appeal. See TEX. R.

APP. P. 26.3. We cautioned appellant that failure to file an extension motion by June 19, 2015

would result in dismissal of the appeal without further notice. As of today’s date, appellant has

not filed an extension motion.

The trial court signed its judgment on February 9, 2015. Appellant filed a timely motion

for new trial on March 6, 2015. Accordingly, the notice of appeal was due on Monday, May 11, 2015. See TEX. R. APP. P. 26.1(a)(1). An extension of time may be granted if an appellant files a

notice of appeal within fifteen days of the deadline and files a motion complying with rule of

appellate procedure 10.5(b). See TEX. R. APP. P. 26.3 & 10.5(b). Without a timely filed notice

of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).

Appellant filed his notice of appeal on May 15, 2015, four days past the due date.

Although given an opportunity to cure the timeliness problem, appellant has failed to do so.

Accordingly, we grant appellee’s motion and dismiss the appeal. See TEX. R. APP. P. 42.3(a).

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE

150642F.P05

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

JEFFREY KEITH HEBERT, Appellant On Appeal from the 193rd Judicial District Court, Dallas County, Texas. No. 05-15-00642-CV V. Trial Court Cause No. DC-13-07855. Opinion delivered by Justice Fillmore. CRISTAL RODRIGUEZ, Appellee Justices Myers and Evans participating.

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

It is ORDERED that appellee CRISTAL RODRIGUEZ recover her costs of this appeal from appellant JEFFREY KEITH HEBERT.

Judgment entered this 6th day of July, 2015.

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