DISMISS and Opinion Filed July 30, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00584-CV
IN THE INTEREST OF R.W.T.
On Appeal from the 304th Judicial District Court
Dallas County, Texas
Trial Court Cause No. JD-42441-W
MEMORANDUM OPINION
Before Justices Bridges, Lang, and Schenck
Opinion by Justice Bridges
In a letter dated May 26, 2015, the Court questioned its jurisdiction over the appeal.
Specifically, it appeared the notice of appeal was untimely. We instructed appellant to file a
letter brief addressing our concern and gave appellee an opportunity to respond.
A notice of appeal is due either thirty days after the date the judgment is signed or ninety
days after the date the judgment is signed if the appellant files a timely qualifying post-judgment
motion. See TEX. R. APP. P. 26.1, 26.1(a). Without a timely filed notice of appeal, this Court
lacks jurisdiction. TEX. R. APP. P. 25.1(b).
Appellant is appealing a judgment signed on February 24, 1999. He filed his notice of
appeal on May 5, 2015. In his jurisdictional brief, appellant informs the Court that he filed a
notice of appeal with the trial court in December of 2014 but the trial court never received it.
Even if the trial court had received the notice of appeal in December of 2014, it was still
untimely.
Because appellant failed to file a timely notice of appeal, this Court lacks jurisdiction.
Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).
150584F.P05 /David L. Bridges/
DAVID L. BRIDGES
JUSTICE
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF R.W.T. On Appeal from the 304th Judicial District
Court, Dallas County, Texas.
No. 05-15-00584-CV Trial Court Cause No. JD-42441-W.
Opinion delivered by Justice Bridges.
Justices Lang and Schenck participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
Judgment entered July 30, 2015.
–3–