In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-24-00395-CV ___________________________ JOE W. BYRD, Appellant V. KATHY STERN, AS REPRESENTATIVE OF THE ESTATE OF MINTA DELYN “LYNN” SPURGIN, DECEASED, AND ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, Appellees

On Appeal from the 67th District Court Tarrant County, Texas Trial Court No. 067-321848-20

Before Kerr, Birdwell, and Bassel, JJ.

Memorandum Opinion by Justice Kerr MEMORANDUM OPINION On April 3, 2024, the trial court signed an order dismissing for want of prosecution Appellant Joe W. Byrd’s claims against Appellees Kathy Stern, as Representative of the Estate of Minta Delyn “Lynn” Spurgin, Deceased, and Allstate Fire and Casualty Insurance Company. Because Byrd timely moved for a new trial, his notice of appeal was due July 2, 2024. See Tex. R. App. P. 26.1(a)(1). But Byrd did not file his notice of appeal until September 4, 2024, making it untimely. See id. We notified Byrd by letter of our concern that we lack jurisdiction over this appeal because his notice of appeal was untimely filed. See Tex. R. App. P. 26.1. We warned Byrd that unless he or any other party desiring to continue the appeal filed a response within ten days showing grounds for continuing the appeal, we could dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3. Ten days have passed, and we have received no response.

The deadline for filing a notice of appeal is jurisdictional; without a timely filed notice of appeal or a timely filed extension request, we must dismiss the appeal. See Tex. R. App. P. 2, 25.1(b), 26.1, 26.3; Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex. 1998); Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Because Byrd’s notice of appeal was untimely filed, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).

/s/ Elizabeth Kerr Elizabeth Kerr Justice Delivered: October 24, 2024