in the Matter of the Marriage of Lorie Ruth Baker and Gregory Joseph Finster ( 2019 )


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  • Order entered March 25, 2019
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-18-00954-CV
    IN THE MATTER OF THE MARRIAGE OF LORIE RUTH BAKER
    AND GREGORY JOSEPH FINSTER
    On Appeal from the 256th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DF-17-13669
    ORDER
    By letter dated February 22, 2019, we informed appellant that his notice of appeal was
    untimely. Without a timely notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P.
    25.1(b). Because the notice of appeal was filed within the fifteen-day grace period, we informed
    appellant that he could cure the timeliness problem by filing a motion for extension of time to
    file the notice of appeal. See 
    id. 26.3. We
    instructed appellant to file, by March 4, 2019, an
    extension motion and cautioned him that failure to do so could result in dismissal of the appeal
    without further notice.   Appellant did not comply, but on March 21, 2019 filed a motion
    requesting an extension of time to file his brief on the merits. We GRANT the motion to the
    extent that we SUSPEND the deadline for appellant’s brief on the merits pending the filing of a
    motion for extension of time to file the notice of appeal. Appellant shall file, by April 1, 2019, a
    motion for extension of time to file his notice of appeal. We caution appellant that failure to file
    a motion for extension of time to file his notice of appeal by April 1, 2019 may result in
    dismissal of the appeal without further notice.
    /s/   ERIN A. NOWELL
    JUSTICE
    

Document Info

Docket Number: 05-18-00954-CV

Filed Date: 3/25/2019

Precedential Status: Precedential

Modified Date: 3/26/2019