Bobby Joe Evens v. Veda Michelle Evens ( 2018 )


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  • Dismiss and Opinion Filed September 12, 2018
    S
    Court of Appeals
    In The
    Fifth District of Texas at Dallas
    No. 05-18-00699-CV
    BOBBY JOE EVENS, Appellant
    V.
    VEDA MICHELLE EVENS, Appellee
    On Appeal from the 256th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DF-17-24977
    MEMORANDUM OPINION
    Before Chief Justice Wright, Justice Evans, and Justice Brown
    Opinion by Chief Justice Wright
    This appeal from the trial court’s February 21, 2018 final decree of divorce was filed June
    14, 2018. Because the record reflected appellant timely filed a motion for new trial, the notice of
    appeal was due no later than May 22, 2018 or, with an extension motion, no later than June 6,
    2018. See TEX. R. APP. P. 26.1(a)(1), 26.3.
    At our direction, the parties filed letter briefs addressing our jurisdiction in light of the late-
    filed notice of appeal. See Brashear v. Victoria Gardens of McKinney, L.L.C., 
    302 S.W.3d 542
    ,
    545 (Tex. App.—Dallas 2009, no pet.) (op. on reh’g) (timely filing of notice of appeal is
    jurisdictional). Appellee also filed two motions to dismiss, one asserting lack of a live controversy
    and the other one based on the untimely notice of appeal.
    In his letter brief, appellant states he did not prepare his notice of appeal for filing until
    June 11, 2018 and explains why he was unable to do so earlier. Although his explanation could
    support an extension motion if the notice of appeal had been filed within the extension period, it
    was filed outside that period. See TEX. R. APP. P. 26.1(a)(1), 26.3. Accordingly, we grant
    appellee’s motion based on the untimely notice of appeal and dismiss the appeal. See 
    id. 42.3(a); Brashear,
    302 S.W.3d at 545.
    /Carolyn Wright/
    CAROLYN WRIGHT
    CHIEF JUSTICE
    180699F.P05
    –2–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    BOBBY JOE EVENS, Appellant                       On Appeal from the 256th Judicial District
    Court, Dallas County, Texas
    No. 05-18-00699-CV       V.                      Trial Court Cause No. DF-17-24977.
    Opinion delivered by Chief Justice Wright,
    VEDA MICHELLE EVENS, Appellee                    Justices Evans and Brown participating.
    In accordance with this Court’s opinion of this date, we DISMISS the appeal.
    Judgment entered September 12, 2018.
    –3–
    

Document Info

Docket Number: 05-18-00699-CV

Filed Date: 9/12/2018

Precedential Status: Precedential

Modified Date: 4/17/2021