Sheila Wilson v. Tarrant County Constables, Its Agents, Assigns and/or Successors in Interest, Its Affiants, U. S. Persons of Interest (Person, Firms, Corporations and Political Entities,) and Federal National Mortgage Association, Its Agents

• Court: Court of Appeals of Texas
• Decided: December 12, 2013
• Docket: 02-13-00382-CV
• Status: Published

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-13-00382-CV

SHEILA WILSON APPELLANT

V.

TARRANT COUNTY APPELLEES CONSTABLES, ITS AGENTS, ASSIGNS AND/OR SUCCESSORS IN INTEREST, ITS AFFIANTS, U.S. PERSONS OF INTEREST (PERSON, FIRMS, CORPORATIONS AND POLITICAL ENTITIES), AND FEDERAL NATIONAL MORTGAGE ASSOCIATION, ITS AGENTS AND/OR SUCCESSORS IN INTEREST, AND ITS AFFIANTS

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FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY

---------- MEMORANDUM OPINION 1

Sheila Wilson appeals from a September 9, 2013 order dismissing her suit.

Although her notice of appeal was due October 9, 2013, she did not mail it for

filing until October 25, 2013; therefore, her notice of appeal was untimely. See

Tex. R. App. P. 9.2(b), 26.1(a)(1), 26.3.

On October 28, 2013, we sent appellant a letter indicating our concern that

we do not have jurisdiction over the appeal because the notice of appeal is

untimely and stating that unless she filed a response showing grounds for

continuing the appeal, the appeal could be dismissed. Although appellant filed a

response, it does not show grounds for continuing the appeal.

Because appellant’s notice of appeal is untimely, we dismiss the appeal for

want of jurisdiction. See Tex. R. App. P. 25.1(a), 26.1(a)(1), 42.3(a), 43.2(f);

Crites v. Collins, 284 S.W.3d 839, 840 (Tex. 2009) (indicating that jurisdiction

vests with a timely-filed notice of appeal); Howlett v. Tarrant Cnty., 301 S.W.3d

840, 843 (Tex. App.—Fort Worth 2009, pet. denied) (op. on reh’g) (“A timely-filed

notice of appeal confers jurisdiction on this court, and absent a timely[-]filed

1 See Tex. R. App. P. 47.4.

2 notice of appeal, we must dismiss the appeal.”).

PER CURIAM

PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

DELIVERED: December 12, 2013