DISMISS and Opinion Filed August 28, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01016-CV
JANE DOE, Appellant
V.
EDDIE DEEN & COMPANY, Appellee
On Appeal from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-11-16390
MEMORANDUM OPINION
Before Justices Fillmore, Evans, and Lewis
Opinion by Justice Evans
Before the Court is appellee’s unopposed motion to dismiss the appeal. Appellee
contends the appeal should be dismissed for want of jurisdiction because appellant failed to
timely file her notice of appeal. Without a timely filed notice of appeal, this Court lacks
jurisdiction. See TEX. R. APP. P. 25.1(b).
The judgment was signed on April 3, 2014. Appellant filed a timely motion for new trial.
Accordingly, the notice of appeal was due on July 2, 2014, ninety days after the date the
judgment was signed. See TEX. R. APP. P. 26.1(a). Appellant filed her notice of appeal on
August 5, 2014, more than thirty days past the deadline. Accordingly, we grant appellant’s
motion and dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
141016F.P05 /David Evans/
DAVID EVANS
JUSTICE
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JANE DOE, Appellant On Appeal from the 134th Judicial District
Court, Dallas County, Texas.
No. 05-14-01016-CV V. Trial Court Cause No. DC-11-16390.
Opinion delivered by Justice Evans.
EDDIE DEEN & COMPANY, Appellee Justices Fillmore and Lewis, participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee EDDIE DEEN & COMPANY recover its costs of this
appeal from appellant JANE DOE.
Judgment entered this 28th day of August, 2014.
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