sheila-wilson-v-tarrant-county-constables-its-agents-assigns-andor ( 2013 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-13-00382-CV
SHEILA WILSON APPELLANT
V.
TARRANT COUNTY APPELLEES
CONSTABLES, ITS AGENTS,
ASSIGNS AND/OR SUCCESSORS
IN INTEREST, ITS AFFIANTS, U.S.
PERSONS OF INTEREST
(PERSON, FIRMS,
CORPORATIONS AND POLITICAL
ENTITIES), AND FEDERAL
NATIONAL MORTGAGE
ASSOCIATION, ITS AGENTS
AND/OR SUCCESSORS IN
INTEREST, AND ITS AFFIANTS
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FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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Sheila Wilson appeals from a September 9, 2013 order dismissing her suit.
Although her notice of appeal was due October 9, 2013, she did not mail it for
filing until October 25, 2013; therefore, her notice of appeal was untimely. See
Tex. R. App. P. 9.2(b), 26.1(a)(1), 26.3.
On October 28, 2013, we sent appellant a letter indicating our concern that
we do not have jurisdiction over the appeal because the notice of appeal is
untimely and stating that unless she filed a response showing grounds for
continuing the appeal, the appeal could be dismissed. Although appellant filed a
response, it does not show grounds for continuing the appeal.
Because appellant’s notice of appeal is untimely, we dismiss the appeal for
want of jurisdiction. See Tex. R. App. P. 25.1(a), 26.1(a)(1), 42.3(a), 43.2(f);
Crites v. Collins, 284 S.W.3d 839, 840 (Tex. 2009) (indicating that jurisdiction
vests with a timely-filed notice of appeal); Howlett v. Tarrant Cnty., 301 S.W.3d
840, 843 (Tex. App.—Fort Worth 2009, pet. denied) (op. on reh’g) (“A timely-filed
notice of appeal confers jurisdiction on this court, and absent a timely[-]filed
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See Tex. R. App. P. 47.4.
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notice of appeal, we must dismiss the appeal.”).
PER CURIAM
PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.
DELIVERED: December 12, 2013
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