Frederick Altyman Brown (Jr.) v. Joe Jordan Trucks, Inc.

DISMISS and Opinion Filed December 13, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00821-CV

FREDERICK ALTYMAN BROWN (JR.), Appellant

V. JOE JORDAN TRUCKS, INC., Appellee

On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-20105

MEMORANDUM OPINION

Before Justices Reichek, Nowell, and Carlyle Opinion by Justice Reichek

The deadline for filing this appeal, from the trial court’s March 25, 2021 summary judgment, was June 23, 2021 or, with an extension motion, July 8, 2021. See TEX. R. APP. P. 26.1(a)(1). The notice of appeal was not filed, however, until September 21, 2021.

Because the timely filing of a notice of appeal is jurisdictional, we questioned our jurisdiction over the appeal and directed appellant to file a letter brief addressing our concern. 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). Appellant complied, seemingly relying, in relevant part, on the tolling of deadlines in the Texas Supreme Court’s emergency Covid-19 orders.1 As appellee notes in response, however, appellant did not separately request an extension of time to file the notice of appeal. See TEX. R. APP. P. 26.3. And, while an extension request can be implied when the notice of appeal is filed within the extension period, we cannot imply an extension request when, as here, the notice of appeal is filed outside the extension period. See Naaman v. Grider, 126 S.W.3d 73, 74 (Tex. 2003) (per curiam); Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Accordingly, on the record before us, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE

210821F.P05

S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT

FREDERICK ALTYMAN BROWN On Appeal from the 191st Judicial (JR.), Appellant District Court, Dallas County, Texas

Trial Court Cause No. DC-19-20105. No. 05-21-00821-CV V. Opinion delivered by Justice

Reichek, Justices Nowell and Carlyle JOE JORDAN TRUCKS, INC., participating.

Appellee

In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee Joe Jordan Trucks, Inc. recover its costs, if any, of this appeal from appellant Frederick Altyman Brown (Jr.).

Judgment entered December 13, 2021.