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Wilson v. Tarrant County Constables

Court of Appeals of Texas, Second District, Fort Worth

December 12, 2013

SHEILA WILSON APPELLANT
v.
TARRANT COUNTY CONSTABLES, ITS AGENTS, ASSIGNS AND/OR SUCCESSORS IN INTEREST, ITS AFFIANTS, U.S. PERSONS OF INTEREST (PERSON, FIRMS, CORPORATIONS AND POLITICAL ENTITIES), AND FEDERAL NATIONAL MORTGAGE ASSOCIATION, ITS AGENTS AND/OR SUCCESSORS IN INTEREST, AND ITS AFFIANTS APPELLEES

FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY

PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

MEMORANDUM OPINION [1]

PER CURIAM

Sheila Wilson appeals from a September 9, 2013 order dismissing her suit. Although her notice of appeal was due October 9, 2013, she did not mail it for filing until October 25, 2013; therefore, her notice of appeal was untimely. See Tex. R. App. P. 9.2(b), 26.1(a)(1), 26.3.

On October 28, 2013, we sent appellant a letter indicating our concern that we do not have jurisdiction over the appeal because the notice of appeal is untimely and stating that unless she filed a response showing grounds for continuing the appeal, the appeal could be dismissed. Although appellant filed a response, it does not show grounds for continuing the appeal.

Because appellant's notice of appeal is untimely, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 25.1(a), 26.1(a)(1), 42.3(a), 43.2(f); Crites v. Collins, 284 S.W.3d 839, 840 (Tex. 2009) (indicating that jurisdiction vests with a timely-filed notice of appeal); Howlett v. Tarrant Cnty., 301 S.W.3d 840, 843 (Tex. App.—Fort Worth 2009, pet. denied) (op. on reh'g) ("A timely-filed notice of appeal confers ...


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