One Thousand Four Hundred Thirty Five Dollars in U.S. Currency
v.
State

This case is not covered by Casetext's citator
Court of Appeals Fifth District of Texas at DallasJan 12, 2017
No. 05-16-01294-CV (Tex. App. Jan. 12, 2017)

No. 05-16-01294-CV

01-12-2017

ONE THOUSAND FOUR HUNDRED THIRTY FIVE DOLLARS AND NO/100 IN UNITED STATES OF AMERICA CURRENCY AND PHILLIP MATA, Appellants v. THE STATE OF TEXAS, Appellee


On Appeal from the County Court at Law No. 2 Kaufman County, Texas
Trial Court Cause No. 94959CC2

MEMORANDUM OPINION

Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright

By letter dated December 2, 2016, the court questioned its jurisdiction over this appeal as the notice of appeal appeared to be untimely. We instructed appellant to file, by December 22, 2016, a letter brief addressing the jurisdictional issue. We cautioned him that failure to file a brief within the time specified may result in dismissal of the appeal without further notice. As of today's date, appellant has not filed a response.

Without a timely post-judgment motion extending the appellate timetable, a notice of appeal is due thirty days after the date the judgment is signed. See TEX. R. APP. P. 26.1. Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).

The trial court signed the judgment on August 23, 2016. Appellant did not file a post-judgment motion extending the appellate timetable. Accordingly, the notice of appeal was due on September 22, 2016. See TEX. R. APP. P. 26.1. Appellant filed a notice of appeal on October 27, 2016, thirty-five days past the deadline. Because appellant's notice of appeal is untimely, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

/Carolyn Wright/


CAROLYN WRIGHT


CHIEF JUSTICE 161294F.P05

JUDGMENT

On Appeal from the County Court at Law No. 2, Kaufman County, Texas
Trial Court Cause No. 94959CC2.
Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating.

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

It is ORDERED that appellee THE STATE OF TEXAS recover its costs of this appeal from appellants ONE THOUSAND FOUR HUNDRED THIRTY FIVE DOLLARS AND NO/100 IN UNITED STATES OF AMERICA CURRENCY AND PHILLIP MATA. Judgment entered January 12, 2017.