Jose Manuel Lomeli Jr. v. Julie Kristine Lomeli ( 2020 )


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  •              In the
    Court of Appeals
    Second Appellate District of Texas
    at Fort Worth
    ___________________________
    No. 02-20-00193-CV
    ___________________________
    JOSE MANUEL LOMELI JR., Appellant
    V.
    JULIE KRISTINE LOMELI, Appellee
    On Appeal from the 325th District Court
    Tarrant County, Texas
    Trial Court No. 325-620231-17
    Before Bassel, Womack, and Wallach, JJ.
    Per Curiam Memorandum Opinion
    MEMORANDUM OPINION
    Appellant Jose Manuel Lomeli Jr. attempts to appeal from a judgment that was
    signed on May 10, 2017. No postjudgment motion was filed to extend the appellate
    deadline, so the notice of appeal was due on June 9, 2017, see Tex. R. App. P. 26.1, but
    was filed in our court on May 8, 2020.
    We notified Appellant of our concern that we lacked jurisdiction over the
    appeal because the notice of appeal was not timely filed. We stated that unless
    Appellant or any party desiring to continue the appeal filed a response showing
    grounds to continue the appeal, we would dismiss the appeal for want of jurisdiction.
    See Tex. R. App. P. 26.1, 42.3(a), 44.3.
    Appellant filed a response, but it does not show grounds for continuing the
    appeal. Therefore, we dismiss the appeal for want of jurisdiction. See, e.g., In re D.A.,
    No. 02-15-00346-CV, 
    2015 WL 9244637
    , at *1 (Tex. App.—Fort Worth Dec. 17,
    2015, no pet.) (mem. op.) (“The time for filing a notice of appeal is jurisdictional in
    this court, and absent a timely-filed notice of appeal or extension request, we must
    dismiss the appeal.”); see also Tex. R. App. P. 42.3(a), 43.2(f).
    Per Curiam
    Delivered: July 30, 2020
    2
    

Document Info

Docket Number: 02-20-00193-CV

Filed Date: 7/30/2020

Precedential Status: Precedential

Modified Date: 8/7/2020