Christopher Kollack and Douglass F. Atkinson v. Caliber Home Loans, Inc. and the Bank of New York Mellon, as Trustee for CIT Mortgage Loan Trust 2007-1 Appeal from 134th Judicial District Court of Dallas County (memorandum opinion )

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DISMISS and Opinion Filed October 12, 2015. In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00942-CV CHRISTOPHER KOLLACK AND DOUGLASS F. ATKINSON, Appellants V. CALIBER HOME LOANS, INC. AND THE BANK OF NEW YORK MELLON, AS TRUSTEE FOR CIT MORTGAGE LOAN TRUST 2007-1, Appellees On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-14-05965 MEMORANDUM OPINION Before Justices Bridges, Francis, and Myers Opinion by Justice Myers Appellants appeal from a summary judgment in favor of appellees. In a letter dated September 23, 2015, the Court questioned its jurisdiction over the appeal because it appeared the notice of appeal was untimely. We instructed appellants to file a letter brief, by October 5, 2015, addressing our jurisdictional concern and cautioned them that failure to do so may result in dismissal of the appeal without further notice. Appellants did not file a letter brief. In the absence of a timely filed post-judgment motion extending the appellate timetable, a notice of appeal is due thirty days after the date the judgment is signed. See TEX. R. APP. P. 26.1. In the absence of a timely notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b). The trial court signed the judgment on May 6, 2015. Appellants did not file a timely post-judgment motion that extended the appellate timetable. Accordingly, the notice of appeal was due on June 5, 2015. See TEX. R. APP. P. 26.1. Appellants filed a notice of appeal on August 4, 2015, sixty days past the deadline. Because appellants failed to timely file a notice of appeal, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). /Lana Myers/ LANA MYERS JUSTICE 150942F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT CHRISTOPHER KOLLACK AND DOUGLASS F. ATKINSON, Appellants No. 05-15-00942-CV On Appeal from the 134th Judicial District Court, Dallas County, Texas. Trial Court Cause No. DC-14-05965. Opinion delivered by Justice Myers. Justices Bridges and Francis participating. V. CALIBER HOME LOANS, INC. AND THE BANK OF NEW YORK MELLON, AS TRUSTEE FOR CIT MORTGAGE LOAN TRUST 2007-1, Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellees CALIBER HOME LOANS, INC. AND THE BANK OF NEW YORK MELLON, AS TRUSTEE FOR CIT MORTGAGE LOAN TRUST 2007-1 recover their costs of this appeal from appellants CHRISTOPHER KOLLACK AND DOUGLASS F. ATKINSON. Judgment entered this 12th day of October, 2015. –3–