DISMISS; and Opinion Filed March 14, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00004-CV
BOBBIE THOMAS, Appellant
V.
UNITED MORTGAGE TRUST, STERLING TRUST COMPANY,
UMT LT TRUST, AND SOUTH CENTRAL MORTGAGE, INC., Appellees
On Appeal from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-13-02637
MEMORANDUM OPINION
Before Justices Bridges, O’Neill, and Brown
Opinion by Justice O’Neill
In a letter dated January 29, 2014, the Court questioned its jurisdiction over this appeal.
Specifically, it appeared the notice of appeal was untimely. We requested that appellant file a
letter brief addressing our jurisdictional concern and gave appellee an opportunity to respond.
Appellant did not file a jurisdictional brief. Appellee filed a jurisdictional brief requesting that
the appeal be dismissed.
If a party files a timely post-judgment motion extending the appellate timetable, the
notice of appeal is due ninety days after the date the judgment is signed. See TEX. R. APP. P.
26.1(a). Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP.
P. 25.1(b).
The trial court signed the judgment on September 10, 2013. Appellant filed a timely
motion for new trial on October 10, 2013. Accordingly, the notice of appeal was due on
December 9, 2013, ninety days after the date the judgment was signed. Appellant filed her
notice of appeal on December 31, 2013, twenty-two days past the deadline. Because appellant
did not file a timely notice of appeal, this Court lacks jurisdiction. Accordingly, we dismiss the
appeal. See TEX. R. APP. P. 42.3(a).
/Michael J. O'Neill/
MICHAEL J. O’NEILL
JUSTICE
140004F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BOBBIE THOMAS, Appellant On Appeal from the 191st Judicial District
Court, Dallas County, Texas.
No. 05-14-00004-CV V. Trial Court Cause No. DC-13-02637.
Opinion delivered by Justice O’Neill.
UNITED MORTGAGE TRUST, Justices Bridges and Brown, participating.
STERLING TRUST COMPANY, UMT LT
TRUST, AND SOUTH CENTRAL
MORTGAGE, INC., Appellees
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees, UNITED MORTGAGE TRUST, STERLING TRUST
COMPANY, UMT LT TRUST, AND SOUTH CENTRAL MORTGAGE, INC., recover their
costs of this appeal from appellant, BOBBIE THOMAS.
Judgment entered this 14th day of March, 2014.
/Michael J. O'Neill/
MICHAEL J. O’NEILL
JUSTICE
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