Sara Sanchez and Dimas Castro v. F & M Properties

• Court: Court of Appeals of Texas
• Decided: March 25, 2024
• Docket: 05-24-00100-CV
• Status: Published

Opinion

DISMISS and Opinion Filed March 25, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00100-CV

SARA MIRIAM SANCHEZ ORTEGA AND DIMAS CASTRO VACIO, Appellants V. F&M PROPERTIES, Appellee

On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-17601

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III Opinion by Chief Justice Burns Appellants appeal from the trial court’s Final Summary Judgment signed on

October 24, 2023. After filing a timely motion for new trial, appellants filed a

notice of appeal on January 30, 2024, ninety-eight days after the judgment was

signed. Because appellants failed to file a notice of appeal within ninety days of

the date of judgment, appellee has filed a motion to dismiss the appeal for want of

jurisdiction. See TEX. R. APP. P. 26.1(a), 26.3 (where post-judgment motion filed

extending appellate deadlines, notice of appeal due within ninety days of date of

judgment or, with extension motion, within fifteen days of deadline); Brashear v. Victoria Gardens of McKinney, LLC, 302 S.W.3d 542, 545 (Tex. App.—Dallas

2009, no pet.) (op. on reh’g) (timely filing of notice of appeal is jurisdictional).

As of today’s date, appellants have filed neither a response to appellee’s

motion to dismiss nor an extension of time to file the notice of appeal. Because

appellants failed to timely file a notice of appeal, we grant appellee’s motion and

dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 240100F.P05

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

SARA MIRIAM SANCHEZ On Appeal from the 44th Judicial ORTEGA AND DIMAS CASTRO District Court, Dallas County, Texas VACIO, Appellants Trial Court Cause No. DC-22-17601. Opinion delivered by Chief Justice No. 05-24-00100-CV V. Burns. Justices Molberg and Pedersen, III participating. F&M PROPERTIES, Appellee

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

It is ORDERED that appellee F&M PROPERTIES recover its costs of this appeal from appellants SARA MIRIAM SANCHEZ ORTEGA AND DIMAS CASTRO VACIO.

Judgment entered March 25, 2024

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