GQ Enterprises Corporation v. Inayatali Rajani and The Rajani Group--Appeal from 193rd Judicial District Court of Dallas County (memorandum opinion )

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I)ISMISS; Opinion Filed January 18, 2013. in l he Qtnurt nf pprzt1a fift1! Di!itnrt uf ixai at Da11ai No. 05-12-01353-CV CQ ENTERPRISES CORPORATION, Appellant V. INAVATALI RAJANI AND TIlE RAJANI GROUP, Appdllee On Appeal from the l93rdJudicial District Court Dallas County, Texas Trial Court Cause No. DC-11-05188 MEMORANDUM OPINION Before Justices Moseley, Francis, and Lang Opinion By Justice Lang The notice of this restricted appeal from the trial court s February 9, 20 12 judgment was due no later than August 7, 2012 or, with a timely extension motion, August 22. 2012. See TEX. R. App. P.26.1(c), 26.3. GQ Enterprises Corporation filed the notice August 13, 2012, within the extension period. However, it did not file a motion for extension of time explaining the need for the extension, as required by the rules of appellate procedure. See it!. 10.5(b), 26.3. By letter dated November 6, 20 1 2, we directed GQ Enterprises to file, within ten days, a motion for extension of time that complied with the rules. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). To date, GQ Enterprises has neither filed the extension motion nor otherwise corresponded with the Court. The timely tiling ot a notice oi appeal is jurisdictional. c l i*x. R. API . P. 25. 1(h): (a;a v, Hihernia A/at ! Bank, 227 S.W.3d 233, 233 (Tex, fist Dist,i 2007, no pet. ). Because (iQ Enterprises s notice ol appeal was untimely and (iQ Enterprises has thiled to olter a reasonable explanation why the notice as late, we lack jurisdiction over this appeal. S.W.3d at 233. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a). I / LV 2 4 L 1OUGLAS S. LANG 9 JUST1 121353F.P05 Gai;a. 227 tinrt uf .FiftI! fl6trict nf Jixa at 3aItas JUDGMENT GQ ENTERPRISES Appellant No. 05-12-01353-CV CORPORATION, V. Appeal from the 193rd Judicial District Court of Dallas County, Texas. (Tr.Ct.No. DC-il05188). Opinion delivered by Justice Lang, Justices Moseley and Francis participating. INAYATALI RAJANI AND THE RAJANI GROUP, Appellees In accordance with this Court s opinion of this date, we DISMISS the appeal. We ORDER that appellee Inayatali Rajani and The Rajani Group recover their costs, if any, of this appeal from appellant GQ Enterprises Corporation. Judgment entered January 18, 2013. / (1 7 2 //j. L/ DOUGLAS S. LANG JUSTICJ 72

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