Carlous A. L. Vaughn v. Yolonda E. Hardin Appeal from 68th Judicial District Court of Dallas County (memorandum opinion)
Annotate this Case
Download PDF
DISMISS and Opinion Filed September 27, 2019 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00969-CV CARLOUS A.L. VAUGHN, Appellant V. YOLONDA E. HARDIN, Appellee On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-01921 MEMORANDUM OPINION Before Chief Justice Burns, Justice Whitehill, and Justice Nowell Opinion by Chief Justice Burns We questioned our jurisdiction over this appeal as it appeared untimely. 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). The appealed order, an order of dismissal, was signed March 12, 2019. Because a motion to reinstate was timely filed, the notice of appeal was due no later than June 10, 2019 or, with an extension motion, no later than June 25, 2019. See Tex. R. App. P. 26.1(a). The notice of appeal, however, was not filed until August 12, 2019. By letter dated August 22, 2019, we directed appellant to file a letter brief addressing our jurisdiction and cautioned that failure to respond by September 3, 2019 could result in dismissal of the appeal without further notice. See id. 42.3(a),(c). To date, appellant has not responded. Accordingly, because the record before us reflects the notice of appeal was not timely filed, we dismiss the appeal for want of jurisdiction. See id. 42.3(a). /Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 190969F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT CARLOUS A. L. VAUGHN, Appellant No. 05-19-00969-CV On Appeal from the 68th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-18-01921. Opinion delivered by Chief Justice Burns, Justices Whitehill and Nowell participating. V. YOLONDA E. HARDIN, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. Judgment entered September 27, 2019 –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.
