Jolly Partners, LP D/B/A Jolly Truck Stop and F & B and Sons, LLC v. DAS Distributors, Inc. ( 2009 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-09-212-CV
JOLLY PARTNERS, LP D/B/A APPELLANTS
JOLLY TRUCK STOP AND F & B
AND SONS, LLC
V.
DAS DISTRIBUTORS, INC. APPELLEE
------------
FROM THE 97TH DISTRICT COURT OF CLAY COUNTY
------------
MEMORANDUM OPINION 1
------------
On July 14, 2009, we notified Appellants that we were concerned this
court may not have jurisdiction over this appeal because it appeared that
Appellants’ notice of appeal was not timely filed. We stated that the appeal
might be dismissed for want of jurisdiction unless Appellants or any party
desiring to continue the appeal filed with the court a response showing grounds
1
… See Tex. R. App. P. 47.4.
for continuing the appeal. See Tex. R. App. P. 42.3(a), 44.3. We have
received no response to our jurisdiction letter.
The trial court’s final judgment was signed on February 25, 2009.
Appellants then filed a motion for new trial on March 25, 2009, which
extended the appellate deadline for filing a notice of appeal until May 26, 2009.
See Tex. R. App. P. 26.1(a). However, Appellants did not file their notice of
appeal until July 1, 2009.
The time for filing a notice of appeal is jurisdictional in this court, and
absent a timely-filed notice of appeal or extension request, we must dismiss the
appeal. See Tex. R. App. P. 2, 25.1(b), 26.3; Jones v. City of Houston, 976
S.W.2d 676, 677 (Tex. 1998); Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex.
1997); Chilkewitz v. Winter, 25 S.W.3d 382, 383 (Tex. App.—Fort Worth
2000, no pet.).
Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R.
App. P. 42.3(a), 43.2(f).
SUE WALKER
JUSTICE
PANEL: WALKER, MCCOY, and MEIER, JJ.
DELIVERED: August 13, 2009
2