Kazim Oladotun Oyenuga v. Chicas Development, LLC, d/b/a Prosalutem Appeal from County Court at Law No. 2 of Dallas County (memorandum opinion)
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DISMISS and Opinion Filed July 26, 2023 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00204-CV KAZIM OLADOTUN OYENUGA, Appellant V. CHICAS DEVELOPMENT, LLC D/B/A PROSALUTEM, Appellee On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-20-03378-B MEMORANDUM OPINION Before Justices Pedersen, III, Garcia, and Kennedy Opinion by Justice Garcia We questioned our jurisdiction over this appeal from the trial court’s judgment because it appeared the notice of appeal was untimely. As directed by this Court, the parties filed letter briefs addressing the jurisdictional issue. When a party files a timely post-judgment motion extending the appellate timetable, a notice of appeal is due ninety days after the judgment is signed or, with an extension motion, fifteen days after the deadline. See TEX. R. APP. P. 26.1(a), 26.3. Without a timely filed notice of appeal, this Court lacks jurisdiction. 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 jurisdictional). The trial court signed the judgment on October 25, 2022. Because appellant filed a timely post-judgment motion extending the appellate timetable, the notice of appeal was due on January 23, 2023 or, with an extension motion, February 7, 2023. See TEX. R. APP. P. 26.1(a), 26.3. Appellant filed a notice of appeal on February 28, 2023, twenty-one days past the deadline. In his letter brief, appellant acknowledges that the notice of appeal was untimely. However, he states that this Court “should exercise its discretionary authority to retain jurisdiction over this appeal in the interest of justice.” This Court has no discretionary authority to alter the time for perfecting an appeal in a civil case. Id. 2. Because the notice of appeal was filed twenty-one days past the deadline, we dismiss the appeal for want of jurisdiction. See id. 42.3(a). /Dennise Garcia/ DENNISE GARCIA JUSTICE 230204F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT On Appeal from the County Court at Law No. 2, Dallas County, Texas Trial Court Cause No. CC-20-03378B. Opinion delivered by Justice Garcia. Justices Pedersen, III and Kennedy participating. KAZIM OLADOTUN OYENUGA, Appellant No. 05-23-00204-CV V. CHICAS DEVELOPMENT, LLC, D/B/A PROSALUTEM, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee CHICAS DEVELOPMENT, LLC, D/B/A PROSALUTEM recover its costs of this appeal from appellant KAZIM OLADOTUN OYENUGA. Judgment entered July 26, 2023 –3–
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