Veletta Coleman v. Megan Finley-Benton Appeal from 162nd Judicial District Court of Dallas County (memorandum opinion)
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DISMISS and Opinion Filed December 23, 2019 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01336-CV VELETTA COLEMAN, Appellant V. MEGAN FINLEY-BENTON, Appellee On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-11963 MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Nowell Opinion by Chief Justice Burns Appellant appeals from the trial court’s May 30, 2019 judgment. We questioned our jurisdiction over this appeal as it appears the notice of appeal is untimely. We instructed the parties to file letter briefs addressing the jurisdictional issue. When a timely post-judgment motion extending the appellate timetable is filed, a notice of appeal is due 90 days or, with an extension motion, 105 days after the date the judgment is signed. See TEX. R. APP. P. 26.1(a); 26.3. Without a timely filed notice of appeal, this Court lacks jurisdiction. See id. 25.1(b). The trial court signed the judgment on May 30, 2019. Appellant filed a timely motion for new trial on June 28, 2019. Accordingly, the notice of appeal was due on August 28, 2019 or, with an extension motion, September 12, 2019. See id. 26.1(a); 26.3. Appellant filed a notice of appeal on October 31, 2019. Although appellant filed a letter brief, nothing in her brief demonstrates our jurisdiction over this appeal. Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). /Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 191336F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT VELETTA COLEMAN, Appellant No. 05-19-01336-CV On Appeal from the 162nd Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-17-11963. Opinion delivered by Chief Justice Burns. Justices Molberg and Nowell participating. V. MEGAN FINLEY-BENTON, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee MEGAN FINLEY-BENTON recover her costs of this appeal from appellant VELETTA COLEMAN. Judgment entered December 23, 2019 –3–
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