Bobby Joe Evens v. Veda Michelle Evens Appeal from 256th Judicial District Court of Dallas County (memorandum opinion)
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Dismiss and Opinion Filed September 12, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00699-CV BOBBY JOE EVENS, Appellant V. VEDA MICHELLE EVENS, Appellee On Appeal from the 256th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-17-24977 MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright This appeal from the trial court’s February 21, 2018 final decree of divorce was filed June 14, 2018. Because the record reflected appellant timely filed a motion for new trial, the notice of appeal was due no later than May 22, 2018 or, with an extension motion, no later than June 6, 2018. See TEX. R. APP. P. 26.1(a)(1), 26.3. At our direction, the parties filed letter briefs addressing our jurisdiction in light of the latefiled notice of appeal. See Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 545 (Tex. App.—Dallas 2009, no pet.) (op. on reh’g) (timely filing of notice of appeal is jurisdictional). Appellee also filed two motions to dismiss, one asserting lack of a live controversy and the other one based on the untimely notice of appeal. In his letter brief, appellant states he did not prepare his notice of appeal for filing until June 11, 2018 and explains why he was unable to do so earlier. Although his explanation could support an extension motion if the notice of appeal had been filed within the extension period, it was filed outside that period. See TEX. R. APP. P. 26.1(a)(1), 26.3. Accordingly, we grant appellee’s motion based on the untimely notice of appeal and dismiss the appeal. See id. 42.3(a); Brashear, 302 S.W.3d at 545. /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 180699F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT BOBBY JOE EVENS, Appellant No. 05-18-00699-CV On Appeal from the 256th Judicial District Court, Dallas County, Texas Trial Court Cause No. DF-17-24977. Opinion delivered by Chief Justice Wright, Justices Evans and Brown participating. V. VEDA MICHELLE EVENS, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. Judgment entered September 12, 2018. –3–
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