Walter Mitchell v. Tonya Chandler

Opinion

Dismissed and Opinion Filed March 27, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas

No. 05-12-01681-CV

WALTER MITCHELL, Appellant V. TONYA CHANDLER, FRANK FORSHEE, PATRICK PARKER, AND LETICIA TARRANT, Appellees

On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-10-12330

MEMORANDUM OPINION Before Justices Lang-Miers, Murphy, and Fillmore Opinion by Justice Lang-Miers

This appeal from the trial court’s February 29, 2012 take nothing final judgment and

April 27, 2012 order denying appellant’s motion for new trial was filed November 6, 2012.

Pursuant to rule of appellate procedure 26, the deadline for filing the notice of appeal was May

29, 2012, or with a timely extension motion, June 13, 2012. See TEX. R. APP. P. 26.1(a)(1), 26.3.

Because the notice of appeal on its face appeared untimely, we directed appellant to file a letter

brief addressing our jurisdiction over the appeal, and gave appellees an opportunity to respond.

Appellant, appearing pro se, responded but addressed the merits of his appeal instead of our

jurisdiction. Appellees also responded and agreed we lack jurisdiction.

Our jurisdiction is invoked upon the timely filing of a notice of appeal. See TEX. R. APP.

P. 25.1(b); Garza v. Hibernia Nat’l Bank, 227 S.W.3d 233, 233 (Tex. App.—Houston [1st Dist.] 2007, no pet.). Appellant’s notice of appeal, filed beyond the deadline set forth by the appellate

rules, fails to invoke our jurisdiction. Accordingly, we dismiss the appeal. See TEX. R. APP. P.

42.3(a).

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE

121681F.P05

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

WALTER MITCHELL, Appellant On Appeal from the 191st Judicial District Court, Dallas County, Texas No. 05-12-01681-CV V. Trial Court Cause No. DC-10-12330. Opinion delivered by Justice Lang-Miers, TONYA CHANDLER, FRANK FORSHEE, Justices Murphy and Fillmore participating. PATRICK PARKER, AND LETICIA TARRANT, Appellees

In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellees Tonya Chandler, Frank Forshee, Patrick Parker, and Leticia Tarrant recover their costs of this appeal from appellant Walter Mitchell.

Judgment entered this 27th day of March, 2013.

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