Dismissed and Opinion Filed February 13, 2017
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-01365-CV
IN THE INTEREST OF C.N.D. AND C.S.D., CHILDREN
On Appeal from the 296th Judicial District Court
Collin County, Texas
Trial Court Cause No. 296-53157-2014
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright
Appellant seeks to appeal the trial court’s February 12, 2016 judgment. Although due
March 14, 2016, appellant filed his notice of appeal on November 16, 2016. See TEX. R. APP. P.
26.1 (notice of appeal must be filed within thirty days of judgment unless a motion for new trial,
a motion to modify the judgment, a motion to reinstate under Texas Rules of Civil Procedure
165a, or request for findings of fact and conclusions of law is filed). Because the timely filing of
a notice of appeal is jurisdictional, we informed appellant, by letter dated December 15, 2016, of
the Court’s concern regarding our lack of jurisdiction over this appeal. Garza v. Hibernia Nat’l
Bank, 227 S.W.3d 233, 233 (Tex. App.─Houston [1st Dist.] 2007, no pet.). We instructed
appellant to file a letter brief by December 27, 2016 addressing the Court’s concern. Appellant
complied, but rather than addressing the Court’s concerns regarding jurisdiction, he addresses the
merits of his appeal.
Because nothing before this Court demonstrates our jurisdiction, we dismiss this appeal.
TEX. R. APP. P. 42.3(a).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
161365F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF C.N.D. AND On Appeal from the 296th Judicial District
C.S.D., CHILDREN Court, Collin County, Texas
Trial Court Cause No. 296-53157-2014.
No. 05-16-01365-CV Opinion delivered by Chief Justice Wright,
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, Tracy Duncan, recover her costs, if any, of this appeal
from appellant Bobby Duncan.
Judgment entered February 13, 2017.
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