In the Interest of E.D. and R.M., Children v. the State of Texas ( 2024 )

Dismissed and Opinion Filed October 1, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00978-CV
IN THE INTEREST OF E.D. AND R.M., CHILDREN
On Appeal from the 256th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-23-00939
MEMORANDUM OPINION
Before Justices Partida-Kipness, Goldstein, and Miskel
Opinion by Justice Partida-Kipness
By letter dated August 26, 2024, we questioned our jurisdiction over this
appeal because the notice of appeal appeared to be untimely. We directed appellant
to file a letter brief addressing the jurisdictional issue no later than September 5,
2024. In our letter, we cautioned appellant that the appeal was subject to dismissal
without further notice should he fail to file the requested letter brief. To date,
appellant has not filed the requested letter brief.
Under the record before us, we conclude appellant’s notice of appeal was not
timely filed. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX.
R. APP. P. 42.3(b), (c); see also Brashear v. Victoria Gardens of McKinney, L.L.C.,
302 S.W.3d 542, 545 (Tex. App.—Dallas 2009, no pet.) (op. on reh’g) (timely filing
of notice of appeal jurisdictional).
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
240978F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF E.D. AND On Appeal from the 256th Judicial
R.M., CHILDREN District Court, Dallas County, Texas
Trial Court Cause No. DF-23-00939.
No. 05-24-00978-CV Opinion delivered by Justice Partida-
Kipness. Justices Goldstein and
Miskel participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellee TsehayAregay recover her costs of this appeal
from appellant Dereje Duda.
Judgment entered October 1, 2024
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