Marjorie Washington v. Paul W. Darren and Tyler Street Self Storage, LLC
This text of Marjorie Washington v. Paul W. Darren and Tyler Street Self Storage, LLC (Marjorie Washington v. Paul W. Darren and Tyler Street Self Storage, LLC) 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.
Opinion
DISMISS and Opinion Filed July 19, 2021
In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00300-CV
MARJORIE WASHINGTON, Appellant V. PAUL W. DARREN AND TYLER STREET SELF STORAGE, LLC, Appellees
On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-20-03396-D
MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Garcia Opinion by Justice Myers By letter dated May 27, 2021, we questioned our jurisdiction over this appeal
because it appeared the notice of appeal was untimely. We instructed appellant to
file, by June 10, 2021, a letter brief addressing our concern and cautioned her that
failure to comply may result in dismissal of the appeal without further notice. As of
today’s date, appellant has not complied.
When a party files a timely post-judgment motion extending the appellate
timetable, a notice of appeal is due within ninety days after the date the judgment is
signed or, with an extension motion, within fifteen days of the deadline. See TEX. R. APP. P. 26.1(a); 26.3. Without a timely filed notice of appeal, we lack jurisdiction.
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
jurisdictional).
The trial court signed the order dismissing the case for want of prosecution on
January 12, 2021. Appellant filed a timely motion to reinstate on January 19, 2021.
Accordingly, the notice of appeal was due on April 12, 2021 or, with an extension
motion, April 27, 2021. See id. 26.1(a), 26.3. Appellant filed a notice of appeal on
April 29, 2021. Appellant’s untimely notice of appeal failed to invoke our
jurisdiction over this appeal. Accordingly, we dismiss the appeal. See 42.3(a).
/Lana Myers/ 210300f.p05 LANA MYERS JUSTICE
–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT
MARJORIE WASHINGTON, On Appeal from the County Court at Appellant Law No. 4, Dallas County, Texas Trial Court Cause No. CC-20-03396- No. 05-21-00300-CV V. D. Opinion delivered by Justice Myers. PAUL W. DARREN AND TYLER Justices Partida-Kipness and Garcia STREET SELF STORAGE, LLC, participating. Appellees
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
Judgment entered this 19th day of July, 2021.
–3–
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