DISMISS; and Opinion Filed February 15, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00808-CV
DONNY JOE CURRY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 196th District Court
Hunt County, Texas
Trial Court Cause No. 82615
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Evans, and Justice Brown
Opinion by Chief Justice Wright
By letter dated January 12, 2018, this Court questioned its jurisdiction over this appeal as
it appeared the notice of appeal was untimely. We instructed appellant to file, by February 1, 2018,
a letter brief addressing our concern with an opportunity for appellee to respond. We cautioned
appellant that failure to file a letter brief by the date specified may result in dismissal of the appeal
without further notice. As of today’s date, appellant has not filed the requested letter brief.
When no timely post-judgment motion extending the appellate timetable is filed, a notice
of appeal is due thirty days after the date the judgment is signed. See TEX. R. APP. P. 26.1. Without
a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).
The trial court signed the appealed order on March 17, 2017. Appellant did not file a timely
post-judgment motion extending the appellate deadline. Accordingly, the notice of appeal was
due on Monday, April 17, 2017. See TEX. R. APP. P. 4.1(a); 26.1. Appellant filed a notice of
appeal on June 16, 2017, sixty days past the deadline. Because the notice of appeal was untimely,
we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
170808F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DONNY JOE CURRY, Appellant On Appeal from the 196th District Court,
Hunt County, Texas
No. 05-17-00808-CV V. Trial Court Cause No. 82615.
Opinion delivered by Chief Justice Wright.
THE STATE OF TEXAS, Appellee Justices Evans and Brown participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee THE STATE OF TEXAS recover its costs of this appeal
from appellant DONNY JOE CURRY.
Judgment entered this 15th day of February, 2018.
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