Lester Jon Ruston v. City of Carrollton ( 2022 )

DISMISS and Opinion Filed February 9, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00998-CV
LESTER JON RUSTON, Appellant
V.
CITY OF CARROLLTON, Appellee
On Appeal from the 160th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-07-03314
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Garcia
Opinion by Justice Molberg
In his notice of appeal filed on November 9, 2021, appellant states that he is
appealing from a 2015 order dismissing the underlying case.1 Despite the fact that
his appeal is untimely, appellant requests that we consider it, asserting that he has a
constitutional right to an out-of-time appeal.
Due to the untimely notice of appeal, we questioned our jurisdiction, directed
appellant to file, by December 28, 2021, a letter brief addressing our concern, and
1
The trial court’s December 2, 2015 order of dismissal is viewable on the trial court’s website.
cautioned him that failure to comply may result in dismissal of the appeal without
further notice. As of today’s date, appellant has not complied.
When a party does not file a timely post-judgment motion extending the
appellate timetable, a notice of appeal is due thirty days after the date of the judgment
or, with an extension motion, fifteen days after the deadline. See TEX. R. APP. P.
26.1(a); 26.3. Without a timely filed notice of appeal, this Court lacks jurisdiction.
See 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).
Appellant filed his notice of appeal almost six years late. Although appellant
urges us to consider his out-of-time appeal, we may not alter the time for perfecting
an appeal in a civil case. See TEX. R. APP. P. 2. For these reasons, we deny
appellant’s request for an out-of-time appeal and dismiss the appeal for lack
jurisdiction. See TEX. R. APP. P. 42.3(a).
/Ken Molberg//
210998f.p05 KEN MOLBERG
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
LESTER JON RUSTON, Appellant On Appeal from the 160th Judicial
District Court, Dallas County, Texas
No. 05-21-00998-CV V. Trial Court Cause No. DC-O7-03314.
Opinion delivered by Justice
CITY OF CARROLLTON, Appellee Molberg. Justices Myers and Garcia
participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellee CITY OF CARROLLTON recover its costs of
this appeal from appellant LESTER JON RUSTON.
Judgment entered this 9th day of February, 2022.
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