Estate of Joe J. Johnson, Jr., Deceased v. <<

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Court of Appeals of Texas, Fort Worth.

Estate of Joe J. Johnson, Jr., Deceased

NO. 02–15–00375–CV, NO. 02–15–00386–CV

Decided: January 28, 2016

PANEL:  DAUPHINOT, GARDNER, and WALKER, JJ.

MEMORANDUM OPINION 1

In these two cases, Appellant Vicki Pruitt Johnson appears to attempt to appeal from various trial court orders, including the November 27, 2012 order appointing a temporary guardian of the person and the estate of the now deceased Joe J. Johnson, Jr., the November 12, 2014 “Order Ap[p]roving Mediated Settlement Agreement,” and the December 22, 2014 “Order Admitting Will to Probate And Authorizing Letters Testamentary And Declaratory Judgment.”  Appellant did not file her notice of appeal in each case, however, until October 27, 2015, almost three years after the oldest order complained of and more than ten months after the most recent order complained of.

Even if the appeals are treated as restricted appeals, based on Appellant's statement in each notice of appeal that she did not participate in the hearings in person or by counsel,2 the notice of appeal in each case was nevertheless untimely filed.3  In each case, we notified Appellant of our concern that we lack jurisdiction because of the untimely-filed notice of appeal and warned that the case could be dismissed for want of jurisdiction absent a response showing that we have jurisdiction.4  Appellant's responses do not show that this court has jurisdiction.

In a restricted appeal, among other requirements, the notice of restricted appeal must be filed within six months after the judgment or order is signed, absent a timely-filed motion for extension of time.5  Appellant filed no motion for extension of time.  Because each notice of appeal was filed more than six months after the signing of each order complained of, the notices of appeal were untimely filed.6  We therefore dismiss these appeals for want of jurisdiction.7

FOOTNOTES

1.   See Tex.R.App. P. 47.4.

2.   See Tex.R.App. P. 30.

3.   See Tex.R.App. P. 26.1(c), 30.

4.   See Tex.R.App. P. 42.3(a), 44.3.

5.   Tex.R.App. P. 26.1(c), 30;  see Fonseca v. Bishop, No. 02–14–00309–CV, 2014 WL 5307223, at *1 (Tex.App.—Fort Worth Oct. 16, 2014, no pet.) (mem.op.).

6.   See Tex.R.App. P. 26.1(c), 30;  Fonseca, 2014 WL 5307223, at *1.

7.   See Tex.R.App. P. 42.3(a), 43.2(f).

PER CURIAM