Dismissed and Opinion Filed April 17, 2015

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00468-CV JOHNESHA MILLER, Appellant V. DART AREA RAPID TRANSIT, Appellee On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-13921 MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Stoddart Opinion by Chief Justice Wright Before the Court is appellant’s motion for an extension of time to file a notice of appeal.

Appellant states he is appealing the trial court’s order of dismissal dated May 9, 2014. Appellant explains in his motion that he was unaware that he could file a notice of appeal and he did not have the advice of an attorney.

A notice of appeal is due thirty days after the date a judgment is signed or ninety days after the date a judgment is signed if an appellant files a timely post-judgment motion extending the appellate timetable. See TEX. R. APP. P. 26.1(a). An appellate court may extend the time to file a notice of appeal if, within fifteen days after the deadline for filing the notice of appeal, an appellant files the notice of appeal along with an extension motion. See TEX. R. APP. P. 26.3.

An appellate court cannot otherwise alter the time for perfecting an appeal in a civil case. See TEX. R. APP. P. 2. Without a timely notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).

Appellant states in his motion that he filed a motion to reinstate. Assuming his motion to reinstate was timely filed, the notice of appeal would have been due on August 7, 2014, ninety days after the date the judgment was signed. See TEX. R. APP. P. 26.1(a). Appellant filed his notice of appeal on April 13, 2015. The notice of appeal was filed well past the deadline and the period of time in which to obtain an extension.

Because appellant failed to timely file his notice of appeal, this Court lacks jurisdiction over this appeal. See TEX. R. APP. P. 25.1(b). Accordingly, we deny appellant’s motion and dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

/Carolyn Wright/ 150468F.P05 CAROLYN WRIGHT CHIEF JUSTICE

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JOHNESHA MILLER, Appellant On Appeal from the 44th Judicial District Court, Dallas County, Texas.

No. 05-15-00468-CV V. Trial Court Cause No. DC-12-13921.

Opinion delivered by Chief Justice Wright.

DART AREA RAPID TRANSIT, Appellee Justices Lang-Miers and Stoddart, participating.

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

It is ORDERED that appellee DART AREA RAPID TRANSIT recover its costs of this appeal from appellant JOHNESHA MILLER.

Judgment entered April 17, 2015.

–3–