Five Thousand One Hundred Six Dollars in United States Currency, et al. v. THE STATE OF TEXAS Appeal from 44th Judicial District Court of Dallas County (memorandum opinion)
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Dismissed and Opinion Filed August 1, 2023 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00526-CV FIVE THOUSAND ONE HUNDRED SIX DOLLARS IN UNITED STATES CURRENCY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-08743 MEMORANDUM OPINION Before Justices Partida-Kipness, Reichek, and Miskel Opinion by Justice Partida-Kipness We questioned our jurisdiction over this appeal because it appeared the notice of appeal was untimely. When a party does not file a timely post-judgment motion extending the appellate timetable, a notice of appeal is due thirty days after the judgment is signed or, with an extension motion, fifteen days after the deadline. See TEX. R. APP. P. 26.1, 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 9, 2020. Because appellant did not file a timely post-judgment motion extending the appellate timetable, the notice of appeal was due on November 9, 2020 or, with an extension motion, November 24, 2020. See TEX. R. APP. P. 4.1(a), 26.1, 26.3. Appellant filed a notice of appeal on May 24, 2023, more than two years late. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). /Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 230526F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT FIVE THOUSAND ONE HUNDRED SIX DOLLARS IN UNITED STATES CURRENCY, Appellant No. 05-23-00526-CV On Appeal from the 44th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-20-08743. Opinion delivered by Justice PartidaKipness. Justices Reichek and Miskel participating. V. THE STATE OF TEXAS, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered August 1, 2023 –3–
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