Brittany D. Sandoval and Clari Williams v. Emcasco Insurance Company

DISMISS; and Opinion Filed December 14, 2016.

Court of Appeals

S In The

Fifth District of Texas at Dallas

No. 05-16-01053-CV

BRITTANY D. SANDOVAL 1, Appellant V. EMCASCO INSURANCE COMPANY, Appellee

On Appeal from the 68th Judicial District Court

Dallas County, Texas Trial Court Cause No. DC-16-04443

MEMORANDUM OPINION

Before Justices Bridges, Evans, and Schenck

Opinion by Justice Schenck This appeal concerns a default judgment, which was signed May 25, 2016. Appellant filed her notice of appeal on August 31, 2016. However, because the record does not reflect appellant filed a motion to modify the judgment, or request for findings of facts and conclusions of law, the notice of appeal was due no later than June 24, 2016, or with a timely extension motion, July 11, 2016. See TEX. R. APP. P. 4.1, 26.1.

By letter dated October 5, 2016, we directed appellant to provide the Court, no later than October 17, 2016, a letter brief explaining how the Court has jurisdiction over the appeal. See Garza v. Hibernia Natl. Bank, 227 S.W.3d 233, 233 (Tex. App.—Houston [1st Dist.] 2007, no pet.) (timely filing of notice of appeal is jurisdictional). We cautioned appellant that failure to do so could result in dismissal of the appeal without further notice. By order dated October 19, 2016, we granted appellant’s motion for an extension of time to file the jurisdictional letter brief and ordered her to file the brief no later than November 4, 2016. To date, appellant has not filed the letter brief, and nothing before us demonstrates our jurisdiction.

Accordingly, we dismiss the appeal for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).

/David J. Schenck/ DAVID SCHENCK JUSTICE

161053F.P05

S

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

BRITTANY D. SANDOVAL, Appellant On Appeal from the 68th Judicial District

Court, Dallas County, Texas No. 05-16-01053-CV V. Trial Court Cause No. DC-16-04443.

Opinion delivered by Justice Schenck. EMCASCO INSURANCE COMPANY, Justices Bridges and Evans participating. Appellee

In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee EMCASCO INSURANCE COMPANY recover costs of this appeal from appellant BRITTANY D. SANDOVAL.

Judgment entered this 14th day of December, 2016.