DISMISS; and Opinion Filed October 26, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01023-CV
IN THE INTEREST OF V.M.G., A CHILD
On Appeal from the 255th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-18-10895
MEMORANDUM OPINION
Before Justices Myers, Evans, and Brown
Opinion by Justice Brown
This appeal from the trial court’s August 3, 2018 decree of divorce was filed September 5,
2018. Because no request for findings of fact and conclusions of law or motion for new trial or to
modify the judgment was filed, the notice of appeal was due September 4, 2018 or, with an
extension motion, September 19, 2018. See TEX. R. APP. P. 26.1, 26.3. The notice of appeal was
filed September 5, 2018, but without an extension motion.
By letter dated September 17, 2018, we directed appellant to file, no later than September
27, 2018, an extension motion explaining why the notice of appeal had been filed late. See id.
10.5(b), 26.3(b). We cautioned appellant that the appeal could be dismissed without further notice
if she failed to comply. See TEX. R. APP. P. 42.3(a); Brashear v. Victoria Gardens of McKinney,
L.L.C.., 302 S.W.3d 542, 545 (Tex. App.—Dallas 2009, no pet.) (op. on reh’g) (timely filing of
notice of appeal is jurisdictional). To date, however, she has not complied or otherwise
corresponded with the Court. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/Ada Brown/
ADA BROWN
JUSTICE
181023F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF V.M.G., A CHILD On Appeal from the 255th Judicial District
Court, Dallas County, Texas
No. 05-18-01023-CV Trial Court Cause No. DF-18-10895.
Opinion delivered by Justice Brown,
Justices Myers and Evans participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered this 26th day of October, 2018.
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