Josette Harvey v. GS Shadows, LP, ROC II TX, Shadows of Cottonwood, LLC, Greystar Associates VII, LLC and GREP South, LP ( 2019 )

DISMISS; and Opinion Filed January 25, 2019. In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01468-CV JOSETTE HARVEY, Appellant V. GS SHADOWS, LP, ROC II TX, SHADOWS OF COTTONWOOD, LLC, GREYSTAR ASSOCIATES VII, LLC, AND GREP SOUTH, LP, Appellees On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-10616 MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Nowell Opinion by Chief Justice Burns By letter dated December 12, 2018, the Court questioned its jurisdiction over this appeal as it appeared the notice of appeal was untimely. We instructed appellant to file a letter a brief addressing the Court’s concern and gave appellees an opportunity to respond. The parties complied. When no timely post-judgment motion extending the appellate timetable is filed, a notice of appeal is due thirty days or, with an extension motion, forty-five days, after the date the judgment is signed. See TEX. R. APP. P. 26.1; 26.3. Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b). Following a jury trial, the trial court signed the judgment on October 10, 2018. Appellant did not file a timely post-judgment motion extending the appellate deadline. Accordingly, the notice of appeal was due on November 9, 2018 or, with an extension motion, November 26, 2018. See TEX. R. APP. P. 4.1(a); 26.1. Appellant filed a notice of appeal on December 5, 2018. Although appellant filed a letter brief, she failed to address the timeliness of her notice of appeal. Because appellant failed to file a timely notice of appeal, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). /Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 181468F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT JOSETTE HARVEY, Appellant On Appeal from the 68th Judicial District Court, Dallas County, Texas No. 05-18-01468-CV V. Trial Court Cause No. DC-15-10616. Opinion delivered by Chief Justice Burns. GS SHADOWS, LP, ROC II TX, Justices Molberg and Nowell participating. SHADOWS OF COTTONWOOD, LLC, GREYSTAR ASSOCIATES VII, LLC, AND GREP SOUTH, LP, Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered this 25th day of January, 2019. –3–