In Re Estate of Harvey Lee Bryant v. the State of Texas ( 2024 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-23-00441-CV
IN RE ESTATE OF HARVEY LEE BRYANT, DECEASED
On Appeal from the 47th District Court
Potter County, Texas
Trial Court No. 109720-D-CV, Honorable Steven Denny, Sitting by Assignment
February 27, 2024
MEMORANDUM OPINION
Before PARKER and DOSS and YARBROUGH, JJ.
Appellant, Jane A. Bryant, proceeding pro se, appeals from the trial court’s Order
on Motions to Distribute. We dismiss the untimely appeal for want of jurisdiction.
According to the limited record before the Court, Appellee, William H. Bryant,
Trustee of the Restated Bryant Family Trust, filed an application seeking a post-judgment
writ of garnishment against Appellant. After a trial on the matter, the trial court signed an
Order on Motions to Distribute on September 1, 2023.1 Because no post-judgment
1 Our analysis of the timeliness of Appellant’s notice of appeal presumes, without deciding, that the
trial court’s order is a final judgment as it followed a trial on the merits. See Vaughn v. Drennon, 324 S.W.3d
motions or requests were filed, Appellant’s notice of appeal was due within thirty days
after the order was signed, i.e. by October 2, 2023. See TEX. R. APP. P. 4.1(a), 26.1(a).
Appellant filed a notice of appeal on November 22, 2023.
A timely notice of appeal is essential to invoking this Court’s jurisdiction. See TEX.
R. APP. P. 25.1(b), 26.1; Verburgt v. Dorner, 959 S.W.2d 615, 616–17 (Tex. 1997). By
letter of January 26, 2024, we notified Appellant that her notice of appeal appeared
untimely and directed her to show how we have jurisdiction over this appeal. Appellant
has filed a response but has not demonstrated grounds for continuing the appeal.
Accordingly, we dismiss Appellant’s appeal for want of jurisdiction. TEX. R. APP. P.
42.3(a).
Per Curiam
560, 562 (Tex. 2010) (“We have long recognized a presumption of finality for judgments that follow a
conventional trial on the merits.”).
2