Eric K. Gormly v. Commission for Lawyer Discipline ( 2019 )

DISMISS and Opinion Filed July 10, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00450-CV
ERIC K. GORMLY, Appellant
V.
COMMISSION FOR LAWYER DISCIPLINE, Appellee
On Appeal from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-06149
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Whitehill, and Justice Molberg
Opinion by Chief Justice Burns
Eric K. Gormly appeals from the trial court’s December 18, 2018 judgment. We
questioned our jurisdiction over this appeal as it appears the notice of appeal is untimely. We
instructed Gormly to file, by June 17, 2019, a letter brief addressing our concern and cautioned
him that failure to do so may result in dismissal of the appeal without further notice. As of today’s
date, Gormly has not responded.
When a timely post-judgment motion extending the appellate timetable is filed, a notice of
appeal is due ninety days or, with an extension motion, 105 days after the date the judgment is
signed. See TEX. R. APP. P. 26.1(a); 26.3. Without a timely filed notice of appeal, this Court lacks
jurisdiction. See id. 25.1(b).
The trial court signed the judgment on December 18, 2018. Gormly filed a timely motion
for new trial on January 17, 2019. Accordingly, the notice of appeal was due on March 18, 2019
or, with an extension motion, April 2, 2019. See id. 26.1(a); 26.3. Gormly filed a notice of appeal
on April 17, 2019, thirty days overdue. Because the notice of appeal is untimely, we dismiss this
appeal and pending motion to extend the time to file the appellate record for want of jurisdiction.
See TEX. R. APP. P. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
190450F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ERIC K. GORMLY, Appellant On Appeal from the 101st Judicial District
Court, Dallas County, Texas
No. 05-19-00450-CV V. Trial Court Cause No. DC-18-06149.
Opinion delivered by Chief Justice Burns.
COMMISSION FOR LAWYER Justices Whitehill and Molberg
DISCIPLINE, Appellee participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee COMMISSION FOR LAWYER DISCIPLINE recover its
costs of this appeal from appellant ERIC K. GORMLY.
Judgment entered July 10, 2019
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