Aaron Drake III v. Katoheline Drake Appeal from 254th Judicial District Court of Dallas County (memorandum opinion)

 Annotate this Case
Download PDF
DISMISS and Opinion Filed November 8, 2023 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00821-CV AARON DRAKE, III, Appellant V. KATOHELINE DRAKE, Appellee On Appeal from the 254th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-22-01299 MEMORANDUM OPINION Before Justices Carlyle, Smith, and Kennedy Opinion by Justice Kennedy This appeal challenges the trial court’s November 7, 2022 final decree of divorce. No request for findings of fact or a motion for new trial or modify judgment was timely filed, and the conditions for a restricted appeal are not met. Accordingly, the notice of appeal was due within thirty days of judgment or December 6, 2022. See TEX. R. APP. P. 26.1(a), 26.3. The notice of appeal was filed August 21, 2023. Because the timely filing of a notice of appeal is jurisdictional, we directed appellant to file a letter brief addressing the jurisdictional issue. See Brashear v. Victoria Gardens of McKinney, LLC, 302 S.W.3d 542, 545 (Tex. App.—Dallas 2009, no pet.) (op. on reh’g) (timely filing of notice of appeal is jurisdictional). Appellant complied. In his letter brief, appellant asserts details about his marriage with appellee, but does not address our jurisdictional concerns. Because the notice of appeal was untimely filed, we dismiss the appeal and all pending motions for want of jurisdiction. See TEX. R. APP. P. 42.3(a). /Nancy Kennedy/ NANCY KENNEDY JUSTICE 230821F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT AARON DRAKE III, Appellant No. 05-23-00821-CV On Appeal from the 254th Judicial District Court, Dallas County, Texas Trial Court Cause No. DF-22-01299. Opinion delivered by Justice Kennedy, Justices Carlyle and Smith participating. V. KATOHELINE DRAKE, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee KATOHELINE DRAKE recover her costs, if any, of this appeal from appellant AARON DRAKE III. Judgment entered November 8, 2023. –3–

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.