Estate of Mary Laverne Boortz ( 2011 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00475-CV
ESTATE OF MARY LAVERNE
BOORTZ, DECEASED
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FROM THE COUNTY COURT AT LAW OF HOOD COUNTY
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MEMORANDUM OPINION1
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Appellant Mary Denise Langwell attempts to appeal the trial court’s July
25, 2011 order removing her as independent executrix of the Estate of Mary
Laverne Boortz. Appellant timely filed a request for findings of fact and
conclusions of law, extending the deadline for filing the notice of appeal until
October 24, 2011. See Tex. R. App. P. 26.1(a)(4); Tex. R. Civ. P. 306c. But
appellant did not file a notice of appeal until November 14, 2011, and there is no
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See Tex. R. App. P. 47.4.
evidence that she mailed her notice of appeal during the time for filing a motion
to extend. See Tex. R. App. P. 9.2(b), 26.3.
On November 17, 2011, we sent appellant a letter expressing our concern
that we lack jurisdiction because the notice of appeal was untimely filed. See
Tex. R. App. P. 25.1(b), 26.1; Crites v. Collins, 284 S.W.3d 839, 840 (Tex. 2009)
(indicating that the timely filing of a notice of appeal under rule 26.1 is
jurisdictional). We informed appellant that unless she or any party desiring to
continue the appeal filed a response showing grounds for continuing the appeal,
this appeal would be dismissed for want of jurisdiction. Appellant filed a
response, but it does not show grounds for continuing the appeal.
Because appellant’s notice of appeal was untimely, we dismiss the appeal
for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
PER CURIAM
PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.
DELIVERED: December 22, 2011
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