Ted Larson v. Jack Giesenschlag--Appeal from 22nd District Court of Comal County
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-10-00627-CV Linda Giesenschlag Brower and Ted Larson, Appellants v. Jack Giesenschlag, Appellee FROM THE DISTRICT COURT OF COMAL COUNTY, 22ND JUDICIAL DISTRICT NO. C2010-0071A, HONORABLE CHARLES A. STEPHENS II, JUDGE PRESIDING DISSENTING OPINION I respectfully dissent. This Court does not have jurisdiction over an untimely appeal, see Tex. R. App. P. 2; In re K.A.F., 160 S.W.3d 923, 928 (Tex. 2005), and we are obligated to determine our own authority to act. See M. O. Dental Lab v. Rape, 139 S.W.3d 671, 673 (Tex. 2004). It appears that appellants notice of appeal is untimely, but it also appears that it might suffice as a notice of restricted appeal. See Tex. R. App. P. 26.1(b), (c). Because the question of this Court s jurisdiction has not been decided, I would abate the appeal and direct the parties to file a brief addressing whether a jurisdictional basis exists for treating appellants case as a direct or restricted appeal. See In re J.D.O., No. 07-10-00370-CV, 2010 Tex. App. LEXIS 8423, at *1-2 (Tex. App. Amarillo Oct. 20, 2010) (order of abatement directing parties to file brief addressing whether notice of appeal constituted notice of restricted appeal thus conferring jurisdiction on the appellate court). __________________________________________ Melissa Goodwin, Justice Before Chief Justice Jones, Justices Henson and Goodwin Filed: May 26, 2011 2
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