Katayoun Mohammadi-Javidi and Ila Bigvand v. Brian Robinson

DISMISS and Opinion Filed May 6, 2019
S
Court of Appeals
In The
Fifth District of Texas at Dallas
No. 05-19-00332-CV
KATAYOUN MOHAMMADI-JAVIDI AND ILA BIGVAND, Appellants
V.
BRIAN ROBINSON, Appellee
On Appeal from the 199th Judicial District Court
Collin County, Texas
Trial Court Cause No. 199-00825-2017
MEMORANDUM OPINION
Before Justices Whitehill, Partida-Kipness, and Pedersen, III
Opinion by Justice Whitehill
The Court has before it appellee’s motion to dismiss appeal for want of jurisdiction.
Appellee asserts this Court lacks jurisdiction over this appeal because appellants’ notice of appeal
was untimely filed. Appellants did not file a response.
When a party files a timely post-judgment motion extending the appellate timetable, a
notice of appeal is due ninety days or, with an extension motion, one hundred-five days after the
date a judgment is signed. See TEX. R. APP. P. 26.1(a)(1), 26.3. Without a timely notice of appeal,
this Court lacks jurisdiction. See id. 25.1(b).
The trial court signed the final judgment in this case on December 11, 2018. On January 2,
2019, appellants filed a timely motion for new trial. The notice of appeal was therefore due on
March 11, 2019 or, with an extension motion, March 26, 2019. See id. 26.1(a)(1), 26.3. Appellant
filed a notice of appeal on March 19, 2019. In his motion to dismiss, appellee acknowledges that
the notice of appeal was filed during the fifteen-day grace period. To date, however, appellants
have not sought an extension of time to file the notice of appeal.
Because the notice of appeal is untimely, we grant appellee’s motion and dismiss this
appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Bill Whitehill/
BILL WHITEHILL
JUSTICE
190332F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KATAYOUN MOHAMMADI-JAVIDI On Appeal from the 199th Judicial District
AND ILA BIGVAND, Appellants Court, Collin County, Texas
Trial Court Cause No. 199-00825-2017.
No. 05-19-00332-CV V. Opinion delivered by Justice Whitehill.
Justices Partida-Kipness and Pedersen, III
BRIAN ROBINSON, Appellee participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED for want
of jurisdiction.
It is ORDERED that appellee BRIAN ROBINSON recover his costs of this appeal from
appellants KATAYOUN MOHAMMADI-JAVIDI AND ILA BIGVAND.
Judgment entered May 6, 2019.
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