Zachariah C. Manning v. Dallas Independent School District

DISMISS and Opinion Filed December 20, 2018
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01022-CV
ZACHARIAH C. MANNING, Appellant
V.
DALLAS INDEPENDENT SCHOOL DISTRICT, Appellee
On Appeal from the 116th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-17-05980
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Evans, and Justice Brown
Opinion by Chief Justice Wright
This Court questioned its jurisdiction over this appeal as it appeared the notice of appeal
was untimely. We instructed appellant to file a letter brief explaining how this Court has
jurisdiction over the appeal and cautioned him that failure to do so may result in dismissal of the
appeal without further notice. Appellant failed to comply.
When a timely post-judgment motion extending the appellate timetable is filed, a notice of
appeal is due 90 days, or with an extension motion, 105 days, after the date the judgment is signed.
See TEX. R. APP. P. 26.1(a); 26.3. Without a timely filed notice of appeal, this Court lacks
jurisdiction. See TEX. R. APP. P. 25.1(b).
The trial court signed the appealed orders on May 18, 2018. Appellant filed a timely
motion to reconsider on May 30, 2018. Accordingly, the notice of appeal was due on August 16,
2018 or, with an extension motion, August 31, 2018. See id. 26.1; 26.3. Appellant filed a notice
of appeal on September 5, 2018. Because the notice of appeal was untimely, this Court lacks
jurisdiction.
We dismiss the appeal. See TEX. R. APP. P. 42.3(a), (c).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
181022F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ZACHARIAH C. MANNING, Appellant On Appeal from the 116th Judicial District
Court, Dallas County, Texas
No. 05-18-01022-CV V. Trial Court Cause No. DC-17-05980.
Opinion delivered by Chief Justice Wright.
DALLAS INDEPENDENT SCHOOL Justices Evans and Brown participating.
DISTRICT, Appellee
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee DALLAS INDEPENDENT SCHOOL DISTRICT recover
its costs of this appeal from appellant ZACHARIAH C. MANNING.
Judgment entered December 20, 2018.
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