Mary Tyler v. Tri City Animal Shelter, Tammy Miller and City of Cedar Hill

Dismissed and Opinion Filed August 30, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00433-CV

MARY L. TYLER, Appellant
V.
TRI CITY ANIMAL SHELTER AND CITY OF CEDAR HILL, Appellees

On Appeal from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-23-13175

MEMORANDUM OPINION
Before Justices Partida-Kipness, Pedersen, III, and Carlyle
Opinion by Justice Partida-Kipness
We questioned our jurisdiction over this appeal from the trial court’s

November 3, 2023 order granting appellees’ plea to the jurisdiction as it did not

appear to have been timely filed. See 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). Because no motion for new trial

or request for findings of fact and conclusions of law was filed, the notice of appeal

was due December 4, 2023, or with an extension motion, December 19, 2023. See

TEX. R. APP. P. 4.1, 26.1, 26.3. The notice of appeal was not filed, however, until

April 10, 2024.
At our request, the parties filed jurisdictional letter briefs. Appellant’s letter

brief does not demonstrate we have jurisdiction. Accordingly, we dismiss the appeal.

See id. 42.3(a); Brashear, 302 S.W.3d at 545.

/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
240433F.P05

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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT

MARY L. TYLER, Appellant On Appeal from the 191st Judicial
District Court, Dallas County, Texas
No. 05-24-00433-CV V. Trial Court Cause No. DC-23-13175.
Opinion delivered by Justice Partida-
TRI CITY ANIMAL SHELTER, Kipness, Justices Pedersen, III and
AND CITY OF CEDAR HILL, Carlyle participating.
Appellees

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

Judgment entered this 30th day of August 2024.

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