Shalandra Dabbs A/K/A Shalandra L. Dabbs v. BMF IV TX Aspen Court LLC

• Court: Court of Appeals of Texas
• Decided: April 10, 2025
• Docket: 02-25-00109-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-25-00109-CV ___________________________

SHALANDRA DABBS A/K/A SHALANDRA L. DABBS, Appellant

V.

BMF IV TX ASPEN COURT LLC, Appellee

On Appeal from County Court at Law No. 1 Tarrant County, Texas Trial Court No. 2024-004473-1

Before Kerr, Birdwell, and Bassel, JJ. Memorandum Opinion by Justice Kerr MEMORANDUM OPINION

Appellant Shalandra Dabbs, appearing pro se, attempts to appeal from the trial

court’s October 24, 2024 final judgment. Dabbs did not file any post-judgment

motions, so her notice of appeal was due Monday, November 25, 2024. See Tex. R.

App. P. 4.1(a), 26.1. But Dabbs did not file her notice of appeal until March 11, 2025,

making it untimely. See id.

On March 12, 2025, we notified the parties by letter of our concern that we

lack jurisdiction over this appeal because the notice of appeal was untimely. See Tex.

R. App. P. 26.1(a)(3). We warned that we could dismiss this appeal for want of

jurisdiction unless Dabbs or any party desiring to continue the appeal filed a response

by March 24, 2025, showing grounds for continuing the appeal. See Tex. R. App. P.

42.3(a), 44.3.

Dabbs responded and asked this court to “continue the appeal,” which we treat

as a request to extend the time for filing the notice of appeal under Texas Rule of

Appellate Procedure 26.3. See Tex. R. App. P. 26.3. But because Dabbs’s notice of

appeal and extension request were filed more than 15 days from the notice of appeal’s

due date, both are untimely, so we must deny her request. See id. (providing that a

motion for extension and notice of appeal must be filed within 15 days after the

deadline for filing the notice of appeal); see also In re K.J., No. 02-20-00412-CV,

2021 WL 278916, at *1 (Tex. App.—Fort Worth Jan. 28, 2021, no pet.) (mem. op.)

(“We cannot alter the time for perfecting an appeal in a civil case beyond the appellate

2 rules’ limits.” (citing Tex. R. App. P. 2)). Dabbs’s response does not otherwise show

grounds for continuing the appeal.

The time for filing a notice of appeal is jurisdictional in this court, and absent a

timely filed notice of appeal or extension request, we must dismiss the appeal. See Tex.

R. App. P. 2, 25.1(b), 26.3; Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex. 1998);

Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Because Dabbs’s notice of appeal

was untimely—as was her extension request—we dismiss this appeal for want of

jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f); Mornes v. Cooper, No. 02-23-00439-CV,

2024 WL 45070, at *1 (Tex. App.—Fort Worth Jan. 4, 2024, no pet.) (mem. op.).

/s/ Elizabeth Kerr Elizabeth Kerr Justice

Delivered: April 10, 2025