Kenneth Woods v. Charlie Mae Thompson

CourtCourt of Appeals of Texas
DecidedAugust 5, 2013
Docket05-13-00942-CV
StatusPublished

This text of Kenneth Woods v. Charlie Mae Thompson (Kenneth Woods v. Charlie Mae Thompson) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kenneth Woods v. Charlie Mae Thompson, (Tex. Ct. App. 2013).

Opinion

DISMISS and Opinion Filed August 5, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00942-CV

KENNETH WOODS D/B/A PLATINUM PROPERTIES, Appellant V. CHARLIE MAE THOMPSON, Appellee

On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-12-04525-D

MEMORANDUM OPINION Before Justices O’Neill, Francis, and Fillmore Opinion by Justice Francis Before the Court is appellee’s July 12, 2013 motion to dismiss the appeal. Appellee

contends the appeal should be dismissed for want of jurisdiction. Appellant did not file a

response to the motion.

The trial court rendered a final default judgment on October 29, 2012. Appellant did not

file a post-judgment motion extending the appellate deadlines. Accordingly, his notice of appeal

was due on November 28, 2012. See TEX. R. APP. P. 26.1. 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 July 9, 2013, more than eight months past the

deadline. Because his notice of appeal was untimely, this Court lacks jurisdiction. Accordingly, we grant appellee’s motion and dismiss the appeal. See TEX. R. APP. P. 42.3(a).

/Molly Francis/ MOLLY FRANCIS 130942F.P05 JUSTICE

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

KENNETH WOODS D/B/A On Appeal from the County Court at Law PLATINUM PROPERTIES, Appellant No. 4, Dallas County, Texas. Trial Court Cause No. CC-12-04525-D. No. 05-13-00942-CV V. Opinion delivered by Justice Francis. Justices O’Neill and Fillmore, participating. CHARLIE MAE THOMPSON, Appellee

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

It is ORDERED that appellee, CHARLIE MAE THOMPSON, recover his costs of this appeal from appellant, KENNETH WOODS D/B/A PLATINUM PROPERTIES.

Judgment entered August 5, 2013

/Molly Francis/ MOLLY FRANCIS JUSTICE

–3–

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