Drexel Evans, Appellant v. W&B Development, Ltd., Appellee

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Court of Appeals of Texas, Austin.

Drexel Evans, Appellant v. W&B Development, Ltd., Appellee

NO. 03–15–00546–CV

Decided: December 15, 2015

Before Chief Justice Rose, Justices Pemberton and Field

MEMORANDUM OPINION

Appellant Drexel Evans seeks to appeal a final judgment that was signed on March 21, 2013.  Evans did not file his notice of appeal until August 26, 2015.  See Tex.R.App. P. 26.1 (generally, notice of appeal in civil case must be filed within 30 days after judgment is signed).

On October 13, 2015, the Clerk of this Court sent a letter to Evans, stating that it appeared that his notice of appeal was not timely filed and, as a result, that we lacked jurisdiction over his appeal.  See Tex.R.App. P. 25.1(b) (filing of notice of appeal invokes appellate jurisdiction).  The Clerk requested that Evans provide proof to the Court that his notice of appeal was timely mailed.  See Tex.R.App. P. 9.2(b).  The Clerk also notified Evans that, if he did not respond by October 23, 2015, the appeal would be dismissed for want of jurisdiction.  See Tex.R.App. P. 42.3.  To date, Evans has not responded to the request.  Accordingly, we dismiss the cause for want of jurisdiction.  See id.

Scott K. Field, Justice

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