Doreatha Robinson v. the Oaks 4614 LLC, Individually and D/B/A the Oaks Apartments MBP Texas, LLC, Individually and D/B/A Catalyst Multifamily Management and D/B/A Catalyst Multifamily And Roscoe Properties, Inc

DISMISS; and Opinion Filed February 27, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01515-CV
DOREATHA ROBINSON, Appellant
V.
THE OAKS 4614 LLC, INDIVIDUALLY AND D/B/A THE OAKS APARTMENTS; MBP
TEXAS, LLC, INDIVIDUALLY AND D/B/A CATALYST MULTIFAMILY
MANAGEMENT AND D/B/A CATALYST MULTIFAMILY; AND ROSCOE
PROPERTIES, INC, Appellees
On Appeal from the 68th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-17-04167
MEMORANDUM OPINION
Before Justices Brown, Schenck, and Pedersen, III
Opinion by Justice Schenck
By letter dated January 7, 2019, the Court questioned its jurisdiction over this appeal as it
appeared the notice of appeal was untimely. TEX. R. APP. P. 26.1; Brashear v. Victoria Gardens of
McKinney, LLC, 302 S.W.3d 542, 545 (Tex. App.—Dallas 2009, no pet.) (op. on reh’g) (timely
filing of notice of appeal is jurisdictional). We instructed appellant to file a letter brief addressing
the Court’s concern. Appellant filed a letter brief in response to the Court’s request, but did not
address the jurisdictional issue.
When a timely motion for new trial is filed, a notice of appeal is due ninety 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.
26.1; Brashear, 302 S.W.3d at 545.
The record reflects the trial court signed an agreed order of dismissal on July 30, 2018. The
record also reflects appellant sent a letter dated August 7, 2018 to the trial court asking it to
“withdraw” the order. Construing the letter as a motion for new trial, the notice of appeal should
have been filed no later than October 29, 2018 or, with an extension motion, no later than
November 13, 2018. See TEX. R. APP. P. 4.1(a), 26.1(a), 26.3. Appellant filed a notice of appeal
on December 17, 2018.
Because appellant failed to file a timely notice of appeal, we dismiss the appeal for want
of jurisdiction. See TEX. R. APP. P. 42.3(a).
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
181515F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DOREATHA ROBINSON, Appellant On Appeal from the 68th Judicial District
Court, Dallas County, Texas
No. 05-18-01515-CV V. Trial Court Cause No. DC-17-04167.
Opinion delivered by Justice Schenck,
THE OAKS 4614 LLC, INDIVIDUALLY Justices Brown and Pedersen, III
AND D/B/A THE OAKS APARTMENTS; participating.
MBP TEXAS, LLC, INDIVIDUALLY
AND D/B/A CATALYST
MULTIFAMILY MANAGEMENT AND
D/B/A CATALYST MULTIFAMILY;
AND ROSCOE PROPERTIES, INC,
Appellees
In accordance with this Court’s opinion of this date, this appeal is DISMISSED.
Judgment entered this 27th day of February, 2019.
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