CHIEF JUSTICE LISA MATZ
CAROLYN WRIGHT CLERK OF THE COURT
(214) 712-3450
JUSTICES theclerk@5th.txcourts.gov
DAVID L. BRIDGES
MOLLY FRANCIS GAYLE HUMPA
DOUGLAS S. LANG BUSINESS ADMINISTRATOR
ELIZABETH LANG-MIERS (214) 712-3434
Court of Appeals
ROBERT M. FILLMORE gayle.humpa@5th.txcourts.gov
LANA MYERS
DAVID EVANS
DAVID LEWIS Fifth District of Texas at Dallas FACSIMILE
(214) 745-1083
ADA BROWN
600 COMMERCE STREET, SUITE 200
CRAIG STODDART INTERNET
BILL WHITEHILL DALLAS, TEXAS 75202 WWW.TXCOURTS.GOV/5THCOA.ASPX
DAVID J. SCHENCK (214) 712-3400
April 10, 2015
Mr. Neil Noble
P.O. Box 601464
Dallas , TX, 75360-1464
RE: Court of Appeals Number: 05-15-00423-CV
Trial Court Case Number: MI-15-00087
Style: In The Best Interest and Protection of N.N.
Dear Mr. Noble:
We have reviewed the clerk’s record in the above case and have a question concerning
our jurisdiction. Specifically, it appears your notice of appeal is untimely. Your notice of appeal
indicates that you desire to appeal the trial court’s January 22, 2015 orders for temporary in-
patient mental health services and for administration of psychoactive medication. The order for
in-patient services was modified on February 19, 2015 to provide for court ordered out-patient
services. The temporary commitment statute provides a notice of appeal for court ordered
mental health services must be filed not later than the 10th day after the date on which the order
is signed. TEX. HEALTH & SAFETY CODE ANn. § 574.070. Appeals of orders compelling the
administration of medication must also be filed within a ten-day period. TEX. HEALTH & SAFETY
CODE ANn. § 574.070.
The statute does not provide for extension of this period by filing a motion for new trial
or to modify the judgment. See Johnstone v. State, 988 S.W.2d 950, 956 (Tex. App.—Houston
[1st Dist.] 1999), rev'd on other grounds, 22 S.W.3d 408 (Tex. 2000) (per curiam). 1 Your notice
of appeal was not filed within ten days of the date of any of the trial court’s orders. Without a
timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).
So that this Court can determine its jurisdiction over this appeal, you are requested to file,
within 10 days of the date of this letter, a jurisdictional letter brief of no more than 3 pages
1
The extension provisions of rule 26.3 of the Texas Rules of Appellate Procedure do apply to temporary
commitment orders. In re J.A., 53 S.W.3d 869, 871 (Tex. App.—Dallas 2001, no pet.). In this case, application of
the extension provisions of rule 26.3 would not render the appeal timely, however.
explaining how this Court has jurisdiction over this appeal. Alternatively, you may file a motion
to dismiss the appeal. Appellee may file a responsive letter brief of no more than 3 pages within
10 days of appellant’s brief. If either party will be relying on information not in the record
before this Court that party must obtain a supplemental clerk’s record from the trial court
containing that information. The deadline for filing the reporter’s record is suspended.
After it has received briefs regarding the jurisdictional issue, the Court will either: (1)
order the appeal dismissed for want of jurisdiction; or (2) notify the parties by letter that the
Court has jurisdiction over the appeal and, if appropriate, of any pending deadlines. We caution
you that failure to file a jurisdictional brief may result in dismissal of the appeal without further
notice.
Respectfully,
/s/ Lisa Matz, Clerk of the Court
cc
Ms. Susan Hawk
Dallas County District Attorney
Frank Crowley Courts Building
133 N. Riverfront Blvd., LB 19
Dallas, TX, 7520
Ms. Mona Lisa Richard
Official Court Reporter
Probate Court No. 3
Records Building Annex
509 Main St., 2nd Floor
Dallas, Texas 75202 7
LM/bm
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