Jerald H. Miller, Sr. v. Jerald H. Miller, Jr. ( 2021 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-21-00176-CV
___________________________
JERALD H. MILLER SR., Appellant
V.
JERALD H. MILLER JR., Appellee
On Appeal from the 324th District Court
Tarrant County, Texas
Trial Court No. 324-691497-20
Before Sudderth, C.J.; Kerr and Walker, JJ.
Memorandum Opinion by Justice Walker
MEMORANDUM OPINION
Appellant Jerald H. Miller Sr. attempts to appeal from the trial court’s order
denying appellee Jerald H. Miller Jr.’s application for a family-violence protective
order. Because Appellant’s notice of appeal was untimely filed, we dismiss the
attempted appeal for want of jurisdiction.
Appellee filed an application for a protective order against Appellant, but the
trial court denied the application on February 25, 2021. Appellant filed a motion for
new trial on April 6 and a notice of appeal on June 9. Because the motion for new
trial was due no later than March 29 to extend the appellate timetable and because the
notice of appeal was not filed within 45 days of the denial order, we notified
Appellant that we questioned our jurisdiction; gave him an opportunity to provide a
reasonable, verified explanation for the late new-trial motion and notice of appeal; and
warned that we could dismiss his appeal. See Tex. R. Civ. P. 329b(a); Tex. R. App. P.
9.2(b)(2), 10.2, 26.1, 26.3, 42.3, 44.3. Appellant responded but did not satisfactorily
explain the late filings. See, e.g., Haddad v. Tri-Cnty. A/C & Heating, LLC, No. 04-20-
00407-CV, 2020 WL 5802960, at *1 (Tex. App.—San Antonio Sept. 30, 2020, no pet.)
(per curiam) (mem. op.). Accordingly, we dismiss Appellant’s attempted appeal for
want of jurisdiction. See Tex. R. App. P. 42.3(a); see, e.g., Easley v. HSBC Bank USA,
N.A., No. 02-19-00279-CV, 2019 WL 5996967, at *1–2 (Tex. App.—Fort Worth
Nov. 14, 2019, pet. denied) (mem. op.); Salazar v. Secot, Inc., No. 01-19-00160-CV,
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2019 WL 3720630, at *1 (Tex. App.—Houston [1st Dist.] Aug. 8, 2019, no pet.) (per
curiam) (mem. op.).
/s/ Brian Walker
Brian Walker
Justice
Delivered: July 22, 2021
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