Jeannie Burton v. Antonio Ascensio Ugarte ( 2023 )

IN THE
TENTH COURT OF APPEALS
No. 10-23-00124-CV
JEANNIE BURTON,
Appellant
v.
ANTONIO ASCENSIO UGARTE,
Appellee
From the 443rd District Court
Ellis County, Texas
Trial Court No. 101,521
MEMORANDUM OPINION
Appellant Jeannie Burton filed a pro se notice of appeal in this matter on April 26,
2023. Texas Rule of Appellate Procedure 26.1 provides that a notice of appeal must be
filed within thirty days after the judgment is signed. See TEX. R. APP. P. 26.1. The final
judgment in this case was signed by the trial court on September 2, 2022. Because the
notice of appeal was filed more than thirty days after the trial court’s September 2, 2022
judgment was signed, the notice of appeal is untimely.
By letter dated June 1, 2023, the Clerk of this Court notified Appellant that this
appeal was subject to dismissal for want of jurisdiction because it appeared that her notice
of appeal was untimely. The Clerk of the Court notified Appellant that the Court may
dismiss the appeal unless, within ten days of the date of the letter, Appellant showed
grounds for continuing the appeal. Appellant has not done so.
Because our jurisdiction depends on a timely notice of appeal and because
Appellant’s notice of appeal is untimely, we dismiss this appeal for want of jurisdiction.
See id. R. 42.3(a); Howlett v. Tarrant Cnty., 301 S.W.3d 840, 843 (Tex. App.—Fort Worth
2009, pet. denied) (“A timely-filed notice of appeal confers jurisdiction on this court, and
absent a timely filed notice of appeal, we must dismiss the appeal.” (citing Verburgt v.
Dorner, 959 S.W.2d 615, 617 (Tex. 1997))).
MATT JOHNSON
Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Appeal dismissed
Opinion delivered and filed June 28, 2023
[CV06]
Burton v. Ugarte Page 2