Sara Sanchez and Dimas Castro v. F & M Properties

DISMISS and Opinion Filed March 25, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00100-CV

SARA MIRIAM SANCHEZ ORTEGA AND DIMAS CASTRO VACIO,
Appellants
V.
F&M PROPERTIES, Appellee

On Appeal from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-22-17601

MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III
Opinion by Chief Justice Burns
Appellants appeal from the trial court’s Final Summary Judgment signed on

October 24, 2023. After filing a timely motion for new trial, appellants filed a

notice of appeal on January 30, 2024, ninety-eight days after the judgment was

signed. Because appellants failed to file a notice of appeal within ninety days of

the date of judgment, appellee has filed a motion to dismiss the appeal for want of

jurisdiction. See TEX. R. APP. P. 26.1(a), 26.3 (where post-judgment motion filed

extending appellate deadlines, notice of appeal due within ninety days of date of

judgment or, with extension motion, within fifteen days of deadline); Brashear v.
Victoria Gardens of McKinney, LLC, 302 S.W.3d 542, 545 (Tex. App.—Dallas

2009, no pet.) (op. on reh’g) (timely filing of notice of appeal is jurisdictional).

As of today’s date, appellants have filed neither a response to appellee’s

motion to dismiss nor an extension of time to file the notice of appeal. Because

appellants failed to timely file a notice of appeal, we grant appellee’s motion and

dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
240100F.P05

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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT

SARA MIRIAM SANCHEZ On Appeal from the 44th Judicial
ORTEGA AND DIMAS CASTRO District Court, Dallas County, Texas
VACIO, Appellants Trial Court Cause No. DC-22-17601.
Opinion delivered by Chief Justice
No. 05-24-00100-CV V. Burns. Justices Molberg and Pedersen,
III participating.
F&M PROPERTIES, Appellee

In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.

It is ORDERED that appellee F&M PROPERTIES recover its costs of this
appeal from appellants SARA MIRIAM SANCHEZ ORTEGA AND DIMAS
CASTRO VACIO.

Judgment entered March 25, 2024

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