Zachariah C. Manning v. Dallas Independent School District

• Court: Court of Appeals of Texas
• Decided: December 20, 2018
• Docket: 05-18-01022-CV
• Status: Published

Opinion

DISMISS and Opinion Filed December 20, 2018

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01022-CV

ZACHARIAH C. MANNING, Appellant V. DALLAS INDEPENDENT SCHOOL DISTRICT, Appellee

On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-05980

MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright This Court questioned its jurisdiction over this appeal as it appeared the notice of appeal

was untimely. We instructed appellant to file a letter brief explaining how this Court has

jurisdiction over the appeal and cautioned him that failure to do so may result in dismissal of the

appeal without further notice. Appellant failed to comply.

When a timely post-judgment motion extending the appellate timetable 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 filed notice of appeal, this Court lacks

jurisdiction. See TEX. R. APP. P. 25.1(b).

The trial court signed the appealed orders on May 18, 2018. Appellant filed a timely

motion to reconsider on May 30, 2018. Accordingly, the notice of appeal was due on August 16, 2018 or, with an extension motion, August 31, 2018. See id. 26.1; 26.3. Appellant filed a notice

of appeal on September 5, 2018. Because the notice of appeal was untimely, this Court lacks

jurisdiction.

We dismiss the appeal. See TEX. R. APP. P. 42.3(a), (c).

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

181022F.P05

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

ZACHARIAH C. MANNING, Appellant On Appeal from the 116th Judicial District Court, Dallas County, Texas No. 05-18-01022-CV V. Trial Court Cause No. DC-17-05980. Opinion delivered by Chief Justice Wright. DALLAS INDEPENDENT SCHOOL Justices Evans and Brown participating. DISTRICT, Appellee

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

It is ORDERED that appellee DALLAS INDEPENDENT SCHOOL DISTRICT recover its costs of this appeal from appellant ZACHARIAH C. MANNING.

Judgment entered December 20, 2018.

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