Mary Tyler v. Tri City Animal Shelter, Tammy Miller and City of Cedar Hill
This text of Mary Tyler v. Tri City Animal Shelter, Tammy Miller and City of Cedar Hill (Mary Tyler v. Tri City Animal Shelter, Tammy Miller and City of Cedar Hill) 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
Dismissed and Opinion Filed August 30, 2024
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00433-CV
MARY L. TYLER, Appellant V. TRI CITY ANIMAL SHELTER AND CITY OF CEDAR HILL, Appellees
On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-13175
MEMORANDUM OPINION Before Justices Partida-Kipness, Pedersen, III, and Carlyle Opinion by Justice Partida-Kipness We questioned our jurisdiction over this appeal from the trial court’s
November 3, 2023 order granting appellees’ plea to the jurisdiction as it did not
appear to have been timely filed. 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). Because no motion for new trial
or request for findings of fact and conclusions of law was filed, the notice of appeal
was due December 4, 2023, or with an extension motion, December 19, 2023. See
TEX. R. APP. P. 4.1, 26.1, 26.3. The notice of appeal was not filed, however, until
April 10, 2024. At our request, the parties filed jurisdictional letter briefs. Appellant’s letter
brief does not demonstrate we have jurisdiction. Accordingly, we dismiss the appeal.
See id. 42.3(a); Brashear, 302 S.W.3d at 545.
/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 240433F.P05
–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT
MARY L. TYLER, Appellant On Appeal from the 191st Judicial District Court, Dallas County, Texas No. 05-24-00433-CV V. Trial Court Cause No. DC-23-13175. Opinion delivered by Justice Partida- TRI CITY ANIMAL SHELTER, Kipness, Justices Pedersen, III and AND CITY OF CEDAR HILL, Carlyle participating. Appellees
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered this 30th day of August 2024.
–3–
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