AREFKIA GROUP, LLC AND FREDERICK GILANI, Appellants v. CENCOR REALTY SERVICES, INC., NWC PRESTON/WARREN LTD. AND WINDHAVEN PLAZA PHASE 2 LIMITED PARTNERSHIP, Appellees
DISMISS and Opinion Filed June 29, 2011
In The
Court of Appeals
Fifth District of Texas at Dallas
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No. 05-11-00623-CV
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AREFKIA GROUP, LLC AND FREDERICK GILANI, Appellants
V.
CENCOR REALTY SERVICES, INC., NWC PRESTON/WARREN LTD. AND WINDHAVEN PLAZA PHASE 2 LIMITED PARTNERSHIP, Appellees
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On Appeal from the 219th Judicial District Court
Collin County, Texas
Trial Court Cause No. 219-05178-2009
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MEMORANDUM OPINION
Before Justices Bridges, Lang-Miers, and Murphy
The Court has before it appellees' June 13, 2011 motion to dismiss appeal and for damages pursuant to Texas Rule of Appellate Procedure 45. Appellees' motion to dismiss is based upon lack of jurisdiction. Appellants did not file a response to the motion to dismiss.
To invoke this Court's jurisdiction, a party must file a timely notice of appeal. See Tex. R. App. P. 25.1(b). A notice of appeal must be filed within thirty days of the date of judgment if no motion for new trial is filed or within ninety days of the date of judgment if a motion for new trial is filed. See Tex. R. App. P. 26.1. The judgment being appealed was signed on November 19, 2010. Even assuming a timely motion for new trial was filed, the notice of appeal was due, at the latest, on February 8, 2011. Appellants filed their notice of appeal on May 19, 2011, more than three months past its due date. The notice of appeal failed to invoke this Court's jurisdiction because it was untimely filed. Accordingly, we GRANT the motion to dismiss and DISMISS this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). We DENY the motion for damages.
PER CURIAM
110623F.P05
