DISMISS and Opinion Filed April 25, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00092-CV
SANDRA L. SIMS, Appellant
V.
TINA THOMAS AND SIMONE JOHNSON, Appellees
On Appeal from the 160th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-16-16409
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Goldstein, and Justice Smith
Opinion by Chief Justice Burns
For the second time, appellant attempts to appeal the trial court’s August 24,
2017 judgment. In 2018, appellant filed a restricted appeal challenging both the
August 24 judgment and a January 22, 2018 order authorizing sale of property.1 See
Sims v. Thomas, 584 S.W.3d 880 (Tex. App.—Dallas 2019, no pet.). We dismissed
the portion of that appeal related to the August 24 judgment as untimely and
considered only the merits of the January 22 order. See id. at 882.
1
The notice of restricted appeal was filed on June 21, 2018.
Because appellant’s new notice of appeal was filed more than five years past
the deadline, we again questioned our jurisdiction of the appeal of the August 24
judgment and instructed appellant to file a letter brief with an opportunity for
appellees to respond. See TEX. R. APP. P. 26.1. Following her initial letter brief,
appellant filed an amended notice of appeal and further letter brief asking that we
construe this appeal as a motion for rehearing of the prior appeal regarding the
August 2017 judgment only. This we cannot do. The time for reconsideration of
this Court’s order dismissing the appeal as it related to the August 24 judgment or
reconsidering the opinion in that appeal has passed. See TEX. R. APP. P. 49.1 (motion
for rehearing due within fifteen days of the judgment).
Because the notice of appeal was untimely, we dismiss the appeal for want of
jurisdiction. 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 jurisdictional).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
220092F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
SANDRA L. SIMS, Appellant On Appeal from the 160th Judicial
District Court, Dallas County, Texas
No. 05-22-00092-CV V. Trial Court Cause No. DC-16-16409.
Opinion delivered by Chief Justice
TINA THOMAS AND SIMONE Burns. Justices Goldstein and Smith
JOHNSON, Appellees participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellees TINA THOMAS AND SIMONE JOHNSON
recover their costs of this appeal from appellant SANDRA L. SIMS.
Judgment entered April 25, 2022
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Sandra L. Sims v. Tina Thomas and Simone Johnson
Combined Opinion