Kimberly Lee v. Capital One Bank (USA), N.A.

Opinion

Appeal Dismissed and Memorandum Opinion filed August 9, 2022.

In The

Fourteenth Court of Appeals

NO. 14-22-00452-CV

KIMBERLY LEE, Appellant

V.

CAPITAL ONE BANK (USA), N.A., Appellee

On Appeal from the County Civil Court at Law No. 2 Harris County, Texas Trial Court Cause No. 1173169

MEMORANDUM OPINION

This is an appeal from a judgment signed May 5, 2022. Appellant did not file a timely motion for new trial. The notice of appeal was due June 6, 2022. See Tex. R. App. P. 4.1, 26.1. Appellant, however, filed her notice of appeal on June 14, 2022, a date within 15 days of the due date for the notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant did not file a motion to extend time to file the notice of appeal. On July 12, 2022, we ordered appellant to file a proper motion to extend time to file the notice of appeal on or before July 22, 2022 and warned her that the appeal is subject to dismissal without further notice for want of jurisdiction if she did not do so. See Tex. R. App. P. 26.3; 10.5(b). Appellant did not file a motion. We, therefore, dismiss the appeal. See Tex. R. App. P. 42.3.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Wise and Hassan.