Jarelle Hightower v. Chelsea Pearl Appeal from 59th Judicial District Court of Grayson County (memorandum opinion)

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Dismissed and Opinion Filed September 9, 2020 In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00647-CV JARELLE HIGHTOWER, Appellant V. CHELSEA WADE,1 Appellee On Appeal from the 59th Judicial District Court Grayson County, Texas Trial Court Cause No. FA-17-0186 MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Browning Opinion by Justice Molberg This appeal, from a protective order signed March 7, 2017, was filed June 29, 2020. Because the appeal was filed more than three years after the order was signed and appeared untimely, we questioned our jurisdiction and directed appellant to file a letter brief addressing our concern. See TEX. R. APP. P. 26.1 (setting deadlines for filing notice of appeal ranging from twenty days to six months from date judgment is signed), 26.3 (allowing fifteen-day extension of time to file notice of appeal). Appellant complied but did not address the timeliness of the appeal. 1 Appellant identifies appellee in his notice of appeal as Chelsea Pearl, but the protective order identifies her as Chelsea Wade, her former name. We use the name in the protective order. The timely filing of notice of appeal is a jurisdictional prerequisite. 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). Accordingly, because the notice of appeal here was untimely filed, we lack jurisdiction and dismiss the appeal. See TEX. R. APP. P. 42.3(a). 200647f.p05 /Ken Molberg// KEN MOLBERG JUSTICE –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT JARELLE HIGHTOWER, Appellant No. 05-20-00647-CV On Appeal from the 59th Judicial District Court, Grayson County, Texas Trial Court Cause No. FA-17-0186. Opinion delivered by Justice Molberg, Justices Carlyle and Browning participating. V. CHELSEA WADE, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. Judgment entered this 9th day of September, 2020. –3–

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