Veletta Coleman v. Megan Finley-Benton

DISMISS and Opinion Filed December 23, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01336-CV
VELETTA COLEMAN, Appellant
V.
MEGAN FINLEY-BENTON, Appellee
On Appeal from the 162nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-17-11963
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Nowell
Opinion by Chief Justice Burns
Appellant appeals from the trial court’s May 30, 2019 judgment. We questioned
our jurisdiction over this appeal as it appears the notice of appeal is untimely. We instructed the
parties to file letter briefs addressing the jurisdictional issue.
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 id. 25.1(b).
The trial court signed the judgment on May 30, 2019. Appellant filed a timely motion for
new trial on June 28, 2019. Accordingly, the notice of appeal was due on August 28, 2019 or,
with an extension motion, September 12, 2019. See id. 26.1(a); 26.3. Appellant filed a notice of
appeal on October 31, 2019.
Although appellant filed a letter brief, nothing in her brief demonstrates our jurisdiction
over this appeal. Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP.
P. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
191336F.P05
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
VELETTA COLEMAN, Appellant On Appeal from the 162nd Judicial District
Court, Dallas County, Texas
No. 05-19-01336-CV V. Trial Court Cause No. DC-17-11963.
Opinion delivered by Chief Justice Burns.
MEGAN FINLEY-BENTON, Appellee Justices Molberg and Nowell participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee MEGAN FINLEY-BENTON recover her costs of this
appeal from appellant VELETTA COLEMAN.
Judgment entered December 23, 2019
–3–