Patricia McAlister v. David Curtis Shafer, Wooten and Sons Enterprise, LLC, Jonathan Coleman. Central Texas Dachshund Rescue and Winston Knox

• Court: Court of Appeals of Texas
• Decided: September 14, 2022
• Docket: 05-22-00339-CV
• Status: Published

Opinion

DISMISS and Opinion Filed September 14, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00339-CV

PATRICIA MCALISTER, Appellant V. DAVID CURTIS SHAFER; WINSTON KNOX; WOOTEN AND SONS ENTERPRISE, LLC; JONATHAN COLEMAN; AND CENTRAL TEXAS DACHSHUND RESCUE, Appellees

On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-20-02038-A

MEMORANDUM OPINION Before Chief Justice Burns, Justice Goldstein, and Justice Smith Opinion by Chief Justice Burns By notice of appeal filed April 13, 2022, appellant challenges “the judgment

signed by the [trial] court on March 14, 2022.” Because the clerk’s record did not

reflect the trial court had signed a judgment or order on that date or since then, we

questioned our jurisdiction over the appeal. See Farmer v. Ben E. Keith Co., 907

S.W.2d 495, 496 (Tex. 1995) (per curiam) (appellate timetable begins to run from

date written judgment or appealable order is signed). We directed appellant to file

a letter brief addressing our concern no later than June 27, 2022, and subsequently

extended the deadline twice, making the letter brief last due August 22, 2022. Our order granting the last extension cautioned appellant that further

extension requests would not be granted and failure to file the brief by August 22

could result in dismissal of the appeal without further notice. See TEX. R. APP. P.

42.3. Rather than filing the letter brief, appellant has filed another extension motion.

Having cautioned her that further extension requests would not be granted, we deny

the motion.

On the record before us, we dismiss the appeal. See id. 42.3(a); Ben E. Keith,

907 S.W.2d at 496.

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

220339F.P05

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

PATRICIA MCALISTER, Appellant On Appeal from the County Court at Law No. 1, Dallas County, Texas No. 05-22-00339-CV V. Trial Court Cause No. CC-20-02038- A. DAVID CURTIS SHAFER; Opinion delivered by Chief Justice WINSTON KNOX; WOOTEN AND Burns, Justices Goldstein and Smith SONS ENTERPRISE, LLC; participating. JONATHAN COLEMAN; AND CENTRAL TEXAS DACHSHUND RESCUE, Appellees

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

Judgment entered September 14, 2022.

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