PARK LANE HOMEOWNERS ASSOCIATION, INC., Appellant v. KANDY BONNER IBEKAKU, Appellee

DISMISS; Opinion issued September 29, 2010
 
 
 
In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-10-01124-CV
............................
PARK LANE HOMEOWNERS ASSOCIATION, INC., Appellant
V.
KANDY BONNER IBEKAKU, Appellee
.............................................................
On Appeal from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 08-13066
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MEMORANDUM OPINION
Before Justices Bridges, Francis, and Lang
 
        On September 8, 2010, appellee filed a motion opposing appellant's notice of appeal. Appellee contends this Court has no jurisdiction over this appeal because appellant's notice of appeal was untimely. We treat appellee's motion as a motion to dismiss the appeal. Appellant did not file a response to the motion.
        The trial court signed the final judgment on April 20, 2010. Appellant did not file a motion for new trial or a request for findings of fact and conclusions of law. Accordingly, the notice of appeal was due on May 20, 2010. See Tex. R. App. P. 26.1. Appellant filed its notice of appeal on August 25, 2010. Because appellant's notice of appeal was untimely filed, this Court does not have jurisdiction over the appeal. See Tex. R. App. P. 25.1(b).         Accordingly, we grant appellee's motion to dismiss. We dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3 (a).
 
                                                          PER CURIAM
 
101124F.P05