Scott Schumacher v. State of Texas Dallas County

DISMISS and Opinion Filed June 4, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00145-CV

SCOTT SCHUMACHER, Appellant
V.
DALLAS COUNTY, ET AL., Appellees

On Appeal from the 95th District Court
Dallas County, Texas
Trial Court Cause No. TX-22-00673

MEMORANDUM OPINION
Before Justices Smith, Miskel, and Breedlove
Opinion by Justice Breedlove
This appeal, challenging the trial court’s January 24, 2023 final default

judgment, was filed February 9, 2024. Because the appeal was filed well over a year

after the judgment was signed and appeared untimely, we informed appellant that

the appeal was subject to dismissal for want of jurisdiction unless he demonstrated

the appeal was, in fact, timely. See TEX. R. APP. P. 26.1 (setting deadlines for filing

notice of appeal ranging from twenty days to six months from date judgment or

appealable order signed, depending on type of judgment or order being appealed);

Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 545 (Tex.
App.—Dallas 2009, no pet.) (op. on reh’g) (timely filing of notice of appeal is

jurisdictional). Appellant filed a brief in response, but the brief addresses the merits

of the appeal rather than demonstrating our jurisdiction. Accordingly, because the

notice of appeal was not timely filed, we dismiss the appeal. See TEX. R. APP. P.

42.3(a).

/Maricela Breedlove/
MARICELA BREEDLOVE
JUSTICE
240145F.P05

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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT

SCOTT SCHUMACHER, Appellant On Appeal from the 95th District
Court, Dallas County, Texas
No. 05-24-00145-CV V. Trial Court Cause No. TX-22-00673.
Opinion delivered by Justice
DALLAS COUNTY, PARKLAND Breedlove, Justices Smith and Miskel
HOSPITAL DISTRICT, DALLAS participating.
COUNTY COMMUNITY
COLLEGE DISTRICT, DALLAS
COUNTY SCHOOL
EQUALIZATION FUND, DALLAS
INDEPENDENT SCHOOL
DISTRICT, AND CITY OF
DALLAS, Appellees

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellees Dallas County, Parkland Hospital District, Dallas
County Community College District, Dallas County School Equalization Fund,
Dallas Independent School District, and City of Dallas recover their costs, if any, of
this appeal from appellant Scott Schumacher.

Judgment entered June 4, 2024.

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