Howard W. McGee v. Abdirahman Abdirizak D/B/A NFI Transportation

In the Court of Appeals

Second Appellate District of Texas at Fort Worth ___________________________

No. 02-21-00097-CV ___________________________ HOWARD W. MCGEE, Appellant

V. ABDIRAHMAN ABDIRIZAK D/B/A NFI TRANSPORTATION, Appellee

On Appeal from the 96th District Court

Tarrant County, Texas Trial Court No. 096-309162-19

Before Sudderth, C.J.; Kerr and Birdwell, JJ.

Memorandum Opinion by Chief Justice Sudderth

MEMORANDUM OPINION The trial court signed an order on Appellee’s motion for summary judgment on September 16, 2020, and Appellant’s motion for new trial extended the deadline to file a notice of appeal to December 15, 2020. See Tex. R. App. P. 26.1(a) (setting out deadlines to file notice of appeal). Appellant filed a notice of appeal several months later, on April 6, 2021.

Because a timely filed notice of appeal is required to invoke our jurisdiction, Budri v. Humphreys, No. 02-20-00345-CV, 2020 WL 7393735, at *1 (Tex. App.—Fort Worth Dec. 17, 2020, no pet.) (mem. op.), we notified Appellant of our concern that we lack jurisdiction over the appeal and gave him 10 days to file a response showing grounds for continuing the appeal. See Tex. R. App. P. 44.3 (providing that a court of appeals must not dismiss an appeal for formal defects or irregularities in appellate procedure without allowing a reasonable time to correct or amend the defects or irregularities); see also Tex. R. App. P. 42.3(a) (providing for involuntary dismissal for want of jurisdiction).

Appellant has not responded. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).

/s/ Bonnie Sudderth Bonnie Sudderth Chief Justice

Delivered: May 20, 2021