Vision Ads Inc and Abovo Corporation v. Rosa Perez-Almaraz

• Court: Court of Appeals of Texas
• Decided: November 20, 2018
• Docket: 05-18-01084-CV
• Status: Published

Opinion

DISMISS and Opinion Filed November 20, 2018

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01084-CV

VISION ADS INC. AND ABOVO CORPORATION, Appellants V. ROSA PEREZ-ALMARAZ, Appellee

On Appeal from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-01524

MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright By letter dated October 29, 2018, the Court questioned its jurisdiction over this appeal

because it appeared the notice of appeal was untimely. We instructed appellants to file, within ten

days, a letter brief addressing this Court’s jurisdiction and cautioned them that failure to comply

may result in dismissal of the appeal. As of today’s date, appellants have not complied.

When a timely motion for new trial is filed, a notice of appeal is due 90 days, or with an

extension motion, 105 days after the date the judgment is signed. See TEX. R. APP. P. 26.1(a), 26.3.

Without a timely notice of appeal, this Court lacks jurisdiction. See id. 25.1(b).

Appellee sued appellants and an individual defendant. On April 27, 2018, the trial court

signed both an order of nonsuit as to the individual defendant and a default judgment against

appellants. Appellants filed a timely motion for new trial. Accordingly, the notice of appeal was due July 26, 2018, or with an extension motion, August 10, 2018. Appellants filed their notice of

appeal on September 15, 2018. Because appellants failed to timely file a notice of appeal, this

Court lacks jurisdiction over the appeal.

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

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

181084F.P05

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

VISION ADS INC. AND ABOVO On Appeal from the 192nd Judicial District CORPORATION, Appellants Court, Dallas County, Texas Trial Court Cause No. DC-18-01524. No. 05-18-01084-CV V. Opinion delivered by Chief Justice Wright. Justices Evans and Brown participating. ROSA PEREZ-ALMARAZ, Appellee

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

It is ORDERED that appellee ROSA PEREZ-ALMARAZ recover her costs of this appeal from appellants VISION ADS INC. AND ABOVO CORPORATION.

Judgment entered November 20, 2018.

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