Dismissed and Opinion Filed August 30, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00433-CV MARY L. TYLER, Appellant V. TRI CITY ANIMAL SHELTER AND CITY OF CEDAR HILL, Appellees On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-13175 MEMORANDUM OPINION Before Justices Partida-Kipness, Pedersen, III, and Carlyle Opinion by Justice Partida-Kipness We questioned our jurisdiction over this appeal from the trial court’s November 3, 2023 order granting appellees’ plea to the jurisdiction as it did not appear to have been timely filed. 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 is jurisdictional). Because no motion for new trial or request for findings of fact and conclusions of law was filed, the notice of appeal was due December 4, 2023, or with an extension motion, December 19, 2023. See TEX. R. APP. P. 4.1, 26.1, 26.3. The notice of appeal was not filed, however, until April 10, 2024.

At our request, the parties filed jurisdictional letter briefs. Appellant’s letter brief does not demonstrate we have jurisdiction. Accordingly, we dismiss the appeal.

See id. 42.3(a); Brashear, 302 S.W.3d at 545.

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 240433F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT MARY L. TYLER, Appellant On Appeal from the 191st Judicial District Court, Dallas County, Texas No. 05-24-00433-CV V. Trial Court Cause No. DC-23-13175.

Opinion delivered by Justice Partida- TRI CITY ANIMAL SHELTER, Kipness, Justices Pedersen, III and AND CITY OF CEDAR HILL, Carlyle participating.

Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Judgment entered this 30th day of August 2024.

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