COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00426-CV
ELNORA MOSES APPELLANT
V.
TEXAS COMMISSION ON APPELLEE
ENVIRONMENTAL QUALITY
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FROM THE 362ND DISTRICT COURT OF DENTON COUNTY
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MEMORANDUM OPINION1
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Appellant Elnora Moses brings this interlocutory appeal from the trial
court’s order granting the plea to the jurisdiction of Appellee Texas Commission
on Environmental Quality and dismissing her claims against Appellee with
prejudice. On February 13, 2012, we notified the parties that we were concerned
that this court may lack jurisdiction over this appeal because it appeared that
1
See Tex. R. App. P. 47.4.
Appellant did not timely file her notice of appeal in this accelerated interlocutory
appeal.2 We indicated that this case could be dismissed for want of jurisdiction if
the parties did not show grounds for continuing the appeal by February 23, 2012.
As of this date, we have received no response showing grounds for continuing
the appeal. We have, however, received Appellant’s motion to abate this appeal
pending the final determination of Appellant’s suit against Appellee in another
county.
Because Appellant’s notice of appeal was untimely, we dismiss this appeal
for want of jurisdiction, and we dismiss Appellant’s motion to abate.3
LEE ANN DAUPHINOT
JUSTICE
PANEL: DAUPHINOT, MCCOY, and MEIER, JJ.
DELIVERED: March 15, 2012
2
See Tex. R. App. P. 26.1(b), 28.1(b).
3
Tex. R. App. P. 25.1; Howlett v. Tarrant Cnty., 301 S.W.3d 840, 843 (Tex.
App.—Fort Worth 2009, pet. denied) (“A timely-filed notice of appeal confers
jurisdiction on this court, and absent a timely filed notice of appeal, we must
dismiss the appeal.”).
2