ebambi-mulenda-v-wilmington-savings-fund-society-fsb-succesor-by-merger ( 2011 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00403-CV
EBAMBI MULENDA APPELLANT
V.
WILMINGTON SAVINGS FUND APPELLEE
SOCIETY, FSB (SUCCESSOR BY
MERGER TO CHRISTIANA BANK
& TRUST COMPANY), AS
OWNER TRUSTEE OF THE
SECURITY NATIONAL FUNDING
TRUST
------------
FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY
------------
MEMORANDUM OPINION1
------------
On September 30, 2011, Appellant Ebambi Mulenda filed a notice of
appeal from the county court at law’s August 30, 2011 final judgment.
1
See Tex. R. App. P. 47.4.
On October 7, 2011, we notified appellant of our concern that we lacked
jurisdiction over the appeal because it did not appear that the notice of appeal
had been timely filed. See Tex. R. App. P. 26.1. That is, because no post-
judgment motion was filed to extend the appellate deadline, appellant’s notice of
appeal was due on September 29, 2011. We informed appellant that the appeal
was subject to dismissal for want of jurisdiction unless, by October 17, 2011,
appellant or any party desiring to continue the appeal filed with the court a
response showing a reasonable explanation for the late filing of the notice of
appeal or showing that the notice of appeal was timely filed per the “mailbox”
rule. See Tex. R. App. P. 9.2(b), 10.5(b), 26.3(b), 42.3(a); Hone v. Hanafin, 104
S.W.3d 884, 886 (Tex. 2003). Having received no response, we dismiss the
appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
PER CURIAM
PANEL: MCCOY, MEIER, and GABRIEL, JJ.
DELIVERED: November 10, 2011
2