Robert T. O' Donnell v. Julia L. Vargo Appeal from 380th Judicial District Court of Collin County (memorandum opinion)
Annotate this Case
Download PDF
Dismissed and Opinion Filed January 29, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01200-CV ROBERT T. O' DONNELL, Appellant V. JULIA L. VARGO, Appellee On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-50667-2013 MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright By letter dated December 13, 2017, we questioned our jurisdiction over this appeal as it appeared the notice of appeal was untimely. We instructed appellant to file, by December 28, 2017, a letter brief addressing our concern and cautioned him that failure to comply may result in dismissal of the appeal without further notice. As of today’s date, appellant has not filed a response. Appellant challenges the trial court’s August 4, 2017 order denying his motion to remove a receiver. An order denying a motion to vacate an order that appoints a receiver is an appealable interlocutory order. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(2) (West Supp. 2017). Because an appeal from an interlocutory order is an accelerated appeal, the notice of appeal is due twenty days after the date the order is signed. See TEX. R. APP. P. 28.1(a), 26.1(b). Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b). The trial court signed the appealed order on August 4, 2017. Although appellant filed a timely request for finding of facts and conclusions of law, such request does not extend the time to file an accelerated appeal. See TEX. R. APP. P. 28.1(b). Appellant filed a notice of appeal on October 17, 2017, fifty-four days past the deadline. For this reason, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 171200F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT ROBERT T. O' DONNELL, Appellant No. 05-17-01200-CV On Appeal from the 380th Judicial District Court, Collin County, Texas Trial Court Cause No. 380-50667-2013. Opinion delivered by Chief Justice Wright. Justices Evans and Brown participating. V. JULIA L. VARGO, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED.. It is ORDERED that appellee JULIA L. VARGO recover her costs of this appeal from appellant ROBERT T. O' DONNELL. Judgment entered January 29, 2018. –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.
