DocketNumber： 05-19-01155-CV
Filed Date： 3/20/2020
Status： Precedential
Modified Date： 3/23/2020
DISMISS and Opinion Filed March 20, 2020 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01155-CV THERESA STUMON, Appellant V. CHANCE OLIVER; HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005-RM1; LISLE PATTON; J. MEEK; ANTWYN BERRY AND/OR ALL OCCUPANTS, Appellees On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-10279 MEMORANDUM OPINION Before Justices Partida-Kipness, Nowell, and Evans Opinion by Justice Evans This appeal challenges the trial court’s March 25, 2019 judgment. Because appellant timely filed what might be construed as a motion for new trial, the notice of appeal was due no later than June 24, 2019 or, with an extension motion, July 9, 2019. See TEX. R. APP. P. 4.1(a), 26.1(a), 26.3. The notice of appeal, however, was not filed until September 17, 2019. At our request, the parties filed jurisdictional letter briefs. Brashear v. Victoria Gardens of McKinney,302 S.W.3d 542
, 545 (Tex. App.—Dallas 2009, no pet.) (op. on reh’g) (timely filing of notice of appeal is jurisdictional). Nothing in appellant’s letter brief, however, demonstrates our jurisdiction. Accordingly, as the notice of appeal was untimely, we lack jurisdiction and dismiss the appeal. See TEX. R. APP. P. 42.3(a);Brashear, 302 S.W.3d at 545
. /David Evans/ DAVID EVANS JUSTICE 191155P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT THERESA STUMON, Appellant On Appeal from the 68th Judicial District Court, Dallas County, Texas No. 05-19-01155-CV V. Trial Court Cause No. DC-18-10279. Opinion delivered by Justice Evans, CHANCE OLIVER; HSBC BANK Justices Partida-Kipness and Nowell USA, NATIONAL ASSOCIATION participating. AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005-RM1; LISLE PATTON; J. MEEK; ANTWYN BERRY AND/OR ALL OCCUPANTS, Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellees Chance Oliver; HSBC Bank USA, National Association as Trustee for Ace Securities Corp. Home Equity Loan Trust, Series 2005-RM1; Lisle Patton; J. Meek; Antwyn Berry and/or All Occupants recover their costs, if any, of this appeal from appellant Theresa Stumon. Judgment entered March 20, 2020. –3–