DISMISS and Opinion Filed August 23, 2016
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00634-CV
JANICE COOMBS, Appellant
V.
ALBERT J. JOHNSON, Appellee
On Appeal from the 199th Judicial District Court
Collin County, Texas
Trial Court Cause No. 199-03915-2015
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang-Miers and Stoddart
Opinion by Chief Justice Wright
Appellant appeals from the trial court’s December 3, 2015 order of dismissal for want of
prosecution. Appellant filed her notice of appeal on May 31, 2016.
If a party files a timely post-judgment motion extending the appellate timetable, the
notice of appeal is due ninety days after the date the judgment is signed. See TEX. R. APP. P.
26.1(a). Without a timely filed post-judgment motion, the notice of appeal is due thirty days
after the date the judgment is signed. See TEX. R. APP. P. 26.1. In certain circumstances, a party
may file a notice of restricted appeal within six months of the date the judgment is signed. See
TEX. R. APP. P. 26.1(c). A notice of restricted appeal must include the required contents as set
forth in rule of appellate procedure 25.1(d)(7)(A)-(C). See TEX. R. APP. P. 25.1(d)(7)(A)-(C).
Without a timely notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).
Appellant’s notice of appeal was filed more than ninety days after the date the order was
signed. Because it appeared she may have intended to file a notice of restricted appeal, we
instructed appellant by letter to file, by July 1, 2016, an amended notice of appeal that sets forth
all the required contents for a notice of restricted appeal. See TEX. R. APP. P. 25.1(d)(7)(A)-(C).
We cautioned appellant that failure to file an amended notice of appeal by the specified deadline
may result in dismissal of the appeal without further notice. As of today’s date, appellant has not
filed a response. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP.
P. 42.3(a), (c).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
160634F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JANICE COOMBS, Appellant On Appeal from the 199th Judicial District
Court, Collin County, Texas
No. 05-16-00634-CV V. Trial Court Cause No. 199-03915-2015.
Opinion delivered by Chief Justice Wright.
ALBERT J. JOHNSON, Appellee Justices Lang-Miers and Stoddart
participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee ALBERT J. JOHNSON recover his costs of this appeal
from appellant JANICE COOMBS.
Judgment entered August 23, 2016.
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