Opinion
No. 05-19-00305-CV
05-30-2019
VOLNEY WOODS, JR., Appellant v. GENARO PICAZO AND ARCELIA MATILDE PAZ, Appellees
On Appeal from the 101st Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-18-07223
MEMORANDUM OPINION
Before Justices Whitehill, Partida-Kipness, and Pedersen, III
Opinion by Justice Partida-Kipness
We questioned our jurisdiction over this appeal from the trial court's final summary judgment as it appeared to have been untimely filed. See Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 545 (Tex. App.—Dallas 2009, no pet.) (op. on reh'g) (timely filing of notice of appeal is jurisdictional). As reflected in the record, the trial court signed the judgment on November 26, 2018, following a hearing at which all parties were present. No motion for new trial was filed and, therefore, the notice of appeal was due no later than December 27, 2018 or, with an extension motion, no later than January 11, 2019. See TEX. R. APP. P. 4.1(a), 26.1, 26.3. The notice of appeal, however, was not filed until March 12, 2019.
At our request, the parties filed letter briefs. Appellant argues in his brief why the summary judgment was improperly granted, but does not address the jurisdictional question. Appellees argue the appeal should be dismissed. We agree with appellees.
Because nothing before us reflects the appeal was timely, we dismiss the appeal. See id. 26.1, 42.3(a); Brashear, 302 S.W.3d at 545.
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE 190305F.P05
JUDGMENT
On Appeal from the 101st Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-18-07223.
Opinion delivered by Justice Partida-Kipness, Justices Whitehill and Pedersen, III participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal.
We ORDER that appellees Genaro Picazo and Arcelia Matilde Paz recover their costs, if any, of this appeal from appellant Volney Woods, Jr. Judgment entered this 30th day of May, 2019.