Martha Anne Woolum v. Michael W. Ault, Donald Ault and State Farm Ins.

• Court: Court of Appeals of Texas
• Decided: April 13, 2022
• Docket: 05-22-00075-CV
• Status: Published

Opinion

Dismiss and Opinion Filed April 13, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00075-CV

MARTHA ANNE WOOLUM, Appellant V. MICHAEL W. AULT, DONALD AULT, AND STATE FARM INS., Appellees

On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-94-06666

MEMORANDUM OPINION Before Justices Myers, Osborne, and Nowell Opinion by Justice Nowell This appeal, challenging the trial court’s March 22, 1996 judgment, was filed

January 27, 2022. Because the appeal was filed more than fifteen years after the

judgment was signed and appeared untimely, we questioned our jurisdiction over the

appeal and directed appellant to file a letter brief addressing our concern. See TEX.

R. APP. P. 26.1 (setting deadline for filing notice of appeal at twenty days from

judgment in accelerated appeals; thirty or ninety days from judgment in regular

appeals, depending on whether request for findings of fact and conclusions of law

or motion for new trial or to modify or reinstate is timely filed; and, six months from judgment in restricted appeals), 26.3 (allowing for fifteen day extension); 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 a notice of appeal is jurisdictional).

Although appellant filed a letter brief, nothing in her brief demonstrates we have

jurisdiction. Accordingly, on the record before us, we dismiss the appeal. See TEX.

R. APP. P. 42.3(a).

/Erin A. Nowell// 220075f.p05 ERIN A. NOWELL JUSTICE

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

MARTHA ANNE WOOLUM, On Appeal from the 44th Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-94-06666. No. 05-22-00075-CV V. Opinion delivered by Justice Nowell, Justices Myers and Osborne MICHAEL W. AULT, DONALD participating. AULT, AND STATE FARM INS., Appellees

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Judgment entered this 13th day of April, 2022.

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