Howard W. McGee v. Abdirahman Abdirizak D/B/A NFI Transportation ( 2021 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-21-00097-CV
___________________________
HOWARD W. MCGEE, Appellant
V.
ABDIRAHMAN ABDIRIZAK D/B/A NFI TRANSPORTATION, Appellee
On Appeal from the 96th District Court
Tarrant County, Texas
Trial Court No. 096-309162-19
Before Sudderth, C.J.; Kerr and Birdwell, JJ.
Memorandum Opinion by Chief Justice Sudderth
MEMORANDUM OPINION
The trial court signed an order on Appellee’s motion for summary judgment on
September 16, 2020, and Appellant’s motion for new trial extended the deadline to
file a notice of appeal to December 15, 2020. See Tex. R. App. P. 26.1(a) (setting out
deadlines to file notice of appeal). Appellant filed a notice of appeal several months
later, on April 6, 2021.
Because a timely filed notice of appeal is required to invoke our jurisdiction,
Budri v. Humphreys, No. 02-20-00345-CV, 2020 WL 7393735, at *1 (Tex. App.—Fort
Worth Dec. 17, 2020, no pet.) (mem. op.), we notified Appellant of our concern that
we lack jurisdiction over the appeal and gave him 10 days to file a response showing
grounds for continuing the appeal. See Tex. R. App. P. 44.3 (providing that a court of
appeals must not dismiss an appeal for formal defects or irregularities in appellate
procedure without allowing a reasonable time to correct or amend the defects or
irregularities); see also Tex. R. App. P. 42.3(a) (providing for involuntary dismissal for
want of jurisdiction).
Appellant has not responded. Accordingly, we dismiss the appeal for want of
jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
/s/ Bonnie Sudderth
Bonnie Sudderth
Chief Justice
Delivered: May 20, 2021
2
3