Janata Montgomery v. Devin Eugene Taylor

DISMISS; and Opinion Filed August 12, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00592-CV
JANATA MONTGOMERY, Appellant
V.
DEVIN EUGENE TAYLOR, Appellee
On Appeal from the 303rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-18-00132
MEMORANDUM OPINION
Before Justices Schenck, Osborne, and Reichek
Opinion by Justice Schenck
By letter dated June 3, 2019, the Court questioned its jurisdiction over this appeal as it
appears the notice of appeal is untimely. We instructed appellant to file a letter brief addressing
our concern.
When a timely post-judgment motion extending the appellate timetable is filed, a notice
of appeal is due ninety days after the date the judgment is signed. See TEX. R. APP. P. 26.1(a).
Without a timely filed notice of appeal, this Court lacks jurisdiction. See id. 25.1(b).
The trial court signed the judgment on January 23, 2019. Appellant filed a timely
motion for new trial on February 20, 2019. Accordingly, the notice of appeal was due on April
23, 2019, ninety days after the date the judgment was signed. See id. 26.1(a). Appellant filed a
notice of appeal on May 21, 2019, twenty-eight days past the deadline. In her letter brief,
appellant asks this Court to consider this appeal as a restricted appeal because she filed her notice
of appeal within six months of the date of judgment. See TEX. R. APP. P. 26.1(c). However, a
restricted appeal is not available to appellant because she filed a timely motion for new trial. See
id. 30.
Because appellant failed to file a timely notice of appeal, we dismiss this appeal and
pending motion seeking an order holding the court reporter in contempt of court for want of
jurisdiction. See id. 42.3(a).
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
190592F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JANATA MONTGOMERY, Appellant On Appeal from the 303rd Judicial District
Court, Dallas County, Texas
No. 05-19-00592-CV V. Trial Court Cause No. DF-18-00132.
Opinion delivered by Justice Schenck.
DEVIN EUGENE TAYLOR, Appellee Justices Osborne and Reichek participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
Judgment entered this 12th day of August, 2019.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
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