DISMISS and Opinion Filed August 10, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00420-CV TRACY LYNNEE HENDRICKS, Appellant V. THE KONTOUR AT KESSLER PARK, Appellee On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-20-05095-D MEMORANDUM OPINION Before Justices Osborne, Pedersen, III, and Nowell Opinion by Justice Pedersen, III We questioned our jurisdiction over this appeal because it appeared appellant’s notice of appeal was untimely. Because appellant filed the notice of appeal within the grace period, we instructed her to file an extension motion and cautioned her that failure to comply may result in dismissal of the appeal without further notice.

When a party does not file a post-judgment motion extending the appellate timetable, a notice of appeal is due thirty days or, with an extension motion, fifteen days after the due date. See TEX. R. APP. P. 26.1; 26.3. Without a timely filed notice of appeal, this Court lacks jurisdiction. 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 jurisdictional).

The trial court signed the judgment on April 21, 2021. Appellant did not file a post-judgment motion extending the appellate timetable. Accordingly, the notice of appeal was due on May 21, 2021 or, with an extension motion, June 7, 2021. See id. 26.1, 26.3, 4.1(a). Although appellant filed a notice of appeal on June 7, 2021, she has failed to file the required extension motion so as to invoke our jurisdiction over the appeal.

We dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

/Bill Pedersen, III// 210420f.p05 BILL PEDERSEN, III JUSTICE

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT TRACY LYNNEE HENDRICKS, On Appeal from the County Court at Appellant Law No. 4, Dallas County, Texas Trial Court Cause No. CC-20-05095- No. 05-21-00420-CV V. D.

Opinion delivered by Justice THE KONTOUR AT KESSLER Pedersen, III. Justices Osborne and PARK, Appellee Nowell participating.

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

Judgment entered this 10th day of August, 2021.

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