Sandra L. Sims v. Tina Thomas and Simone Johnson

• Court: Court of Appeals of Texas
• Decided: April 25, 2022
• Docket: 05-22-00092-CV
• Status: Published

Opinion

DISMISS and Opinion Filed April 25, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00092-CV

SANDRA L. SIMS, Appellant V. TINA THOMAS AND SIMONE JOHNSON, Appellees

On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-16409

MEMORANDUM OPINION Before Chief Justice Burns, Justice Goldstein, and Justice Smith Opinion by Chief Justice Burns For the second time, appellant attempts to appeal the trial court’s August 24,

2017 judgment. In 2018, appellant filed a restricted appeal challenging both the

August 24 judgment and a January 22, 2018 order authorizing sale of property.1 See

Sims v. Thomas, 584 S.W.3d 880 (Tex. App.—Dallas 2019, no pet.). We dismissed

the portion of that appeal related to the August 24 judgment as untimely and

considered only the merits of the January 22 order. See id. at 882.

1 The notice of restricted appeal was filed on June 21, 2018. Because appellant’s new notice of appeal was filed more than five years past

the deadline, we again questioned our jurisdiction of the appeal of the August 24

judgment and instructed appellant to file a letter brief with an opportunity for

appellees to respond. See TEX. R. APP. P. 26.1. Following her initial letter brief,

appellant filed an amended notice of appeal and further letter brief asking that we

construe this appeal as a motion for rehearing of the prior appeal regarding the

August 2017 judgment only. This we cannot do. The time for reconsideration of

this Court’s order dismissing the appeal as it related to the August 24 judgment or

reconsidering the opinion in that appeal has passed. See TEX. R. APP. P. 49.1 (motion

for rehearing due within fifteen days of the judgment).

Because the notice of appeal was untimely, we dismiss the appeal for want of

jurisdiction. See TEX. R. APP. P. 42.3(a); 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).

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

220092F.P05

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

SANDRA L. SIMS, Appellant On Appeal from the 160th Judicial District Court, Dallas County, Texas No. 05-22-00092-CV V. Trial Court Cause No. DC-16-16409. Opinion delivered by Chief Justice TINA THOMAS AND SIMONE Burns. Justices Goldstein and Smith JOHNSON, Appellees participating.

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

It is ORDERED that appellees TINA THOMAS AND SIMONE JOHNSON recover their costs of this appeal from appellant SANDRA L. SIMS.

Judgment entered April 25, 2022

–3–