Sandra Joyce Hemphill v. Larry Moffett
Sandra Joyce Hemphill v. Larry Moffett
Opinion
COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-13-00394-CV
SANDRA JOYCE HEMPHILL APPELLANT V. LARRY MOFFETT APPELLEE
---------- FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 ---------- This is an attempted appeal from the trial court’s final judgment of October 1, 2013, in favor of Appellee Larry Moffett. On November 6, 2013, Appellant Sandra Joyce Hemphill filed a notice of appeal from the trial court’s judgment.
See Tex. R. App. P. 25.1. On November 8, 2013, we notified Hemphill that her notice of appeal appeared untimely and advised that we would dismiss her
See Tex. R. App. P. 47.4. appeal for want of jurisdiction if she did not file a verified response by November 18, 2013, showing a reasonable explanation for the late notice of appeal. See Tex. R. App. P. 10.2, 10.5(b), 26.1, 26.3(b), 42.3(a), 44.3. Hemphill did not respond; however, Moffett filed a motion to dismiss the appeal for want of jurisdiction.
Hemphill failed to file her notice of appeal within the thirty-day deadline imposed by the appellate rules and failed to give a reasonable explanation for its lateness, which divests this court of jurisdiction to hear her appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Therefore, we grant Moffett’s motion to dismiss and dismiss Hemphill’s appeal for want of jurisdiction. See Tex. R. App. P. 42.1(a)(1), 42.3(a), 43.2(f).
LEE GABRIEL JUSTICE PANEL: LIVINGSTON, C.J.; DAUPHINOT and GABRIEL, JJ.
DELIVERED: January 9, 2014
Case-law data current through December 31, 2025. Source: CourtListener bulk data.