Linda Stover v. Collins Asset Group, LLC

• Court: Court of Appeals of Texas
• Decided: July 10, 2024
• Docket: 05-24-00370-CV
• Status: Published

Opinion

DISMISS and Opinion Filed July 10, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00370-CV

LINDA STOVER, Appellant V. COLLINS ASSET GROUP, LLC, Appellee

On Appeal from the County Court at Law No. 1 Collin County, Texas Trial Court Cause No. 001-04378-2021

MEMORANDUM OPINION Before Chief Justice Burns, Justice Pedersen, III, and Justice Carlyle Opinion by Chief Justice Burns Appellant appeals from the trial court’s October 12, 2022 judgment and the

December 14, 2023 post-judgment order appointing a receiver. We questioned our

jurisdiction over the appeal because it appeared the notice of appeal was untimely.

See 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). At our request, appellant filed a jurisdictional letter brief.

Appellant did not file a timely post-judgment motion extending appellate

deadlines following either the October 2022 judgment or the December 2023 order. Accordingly, the notice of appeal from the October 2022 judgment was due no later

than November 11, 2022 or, with an extension motion, November 28, 2022. See

TEX. R. APP. P. 4.1(a) (extending deadline if due date falls on Saturday, Sunday, or

legal holiday), 26.1 (providing thirty-day deadline for filing notice of appeal), 26.3

(providing for fifteen-day extension of time to file notice of appeal). And, the notice

of appeal from the December 2023 order was due no later than January 16, 2024 or,

with an extension motion, January 31, 2024. See id. Appellant filed a notice of

appeal of both the judgment and order on March 22, 2024.

In her letter brief, appellant does not dispute that she did not timely appeal

either the October 2022 judgment or the December 2023 order. Instead, she

addresses the merits the judgment that led to the receivership order and requests that

we “agree to jurisdiction.” None of her arguments demonstrate our jurisdiction over

this appeal. See Texas Disposal Sys. Landfill, Inc. v. Travis Cent. Appraisal Dist. by

& through Crigler, No. 22-0620, 2024 WL 3076317, at *5 (Tex. June 21, 2024)

(parties cannot establish jurisdiction by agreement).

Based on the record before us, we dismiss the appeal for want of jurisdiction.

See id. 42.3(a); Brashear, 302 S.W.3d at 545.

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 240370F.P05

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

LINDA STOVER, Appellant On Appeal from the County Court at Law No. 1, Collin County, Texas No. 05-24-00370-CV V. Trial Court Cause No. 001-04378- 2021. COLLINS ASSET GROUP, LLC, Opinion delivered by Chief Justice Appellee Burns. Justices Pedersen, III and Carlyle participating.

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

Judgment entered July 10, 2024

–3–