PARK LANE HOMEOWNERS ASSOCIATION INC v. KANDY BONNER IBEKAKU (2010)

Court of Appeals of Texas, Dallas.

PARK LANE HOMEOWNERS ASSOCIATION, INC., Appellant v. KANDY BONNER IBEKAKU, Appellee

No. 05-10-01124-CV

Decided: September 29, 2010

Before Justices Bridges, Francis, and Lang

MEMORANDUM OPINION

On September 8, 2010, appellee filed a motion opposing appellant's notice of appeal. Appellee contends this Court has no jurisdiction over this appeal because appellant's notice of appeal was untimely. We treat appellee's motion as a motion to dismiss the appeal. Appellant did not file a response to the motion.

The trial court signed the final judgment on April 20, 2010. Appellant did not file a motion for new trial or a request for findings of fact and conclusions of law. Accordingly, the notice of appeal was due on May 20, 2010. See Tex.R.App. P. 26.1. Appellant filed its notice of appeal on August 25, 2010. Because appellant's notice of appeal was untimely filed, this Court does not have jurisdiction over the appeal. See Tex.R.App. P. 25.1(b).

Accordingly, we grant appellee's motion to dismiss. We dismiss the appeal for want of jurisdiction. See Tex.R.App. P. 42.3 (a).

101124F.P05

PER CURIAM

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network