Court of Civil Appeals of Texas, 2024

Taylor Ray Smith v. Kimberly Anne Cole

Taylor Ray Smith v. Kimberly Anne Cole
Court of Civil Appeals of Texas · Decided March 12, 2024

Taylor Ray Smith v. Kimberly Anne Cole

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo No. 07-24-00064-CV

TAYLOR RAY SMITH, APPELLANT V. KIMBERLY ANNE COLE, APPELLEE On Appeal from the County Court at Law No. 2 Lubbock County, Texas Trial Court No. DC-2023-FM-1995, Honorable Tom Brummett, Presiding March 12, 2024 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Appellant, Taylor Ray Smith, proceeding pro se, appeals from the trial court’s Final Protective Order. The trial court signed the order on October 5, 2023. Because Smith timely filed a request for findings of fact and conclusions of law, his notice of appeal was due within ninety days after the Final Protective Order was signed, i.e., by January 3, 2024. See TEX. R. APP. P. 26.1(a). Smith filed a notice of appeal on February 9, 2024.

A timely notice of appeal is essential to invoking this Court’s jurisdiction. See TEX. R. APP. P. 25.1(b), 26.1; Verburgt v. Dorner, 959 S.W.2d 615, 616–17 (Tex. 1997). By letter of February 14, 2024, we notified Smith that his notice of appeal appeared untimely and directed him to show how we have jurisdiction over this appeal by February 26. Smith has not responded to our letter to date.

Accordingly, we dismiss Smith’s appeal for want of jurisdiction. TEX. R. APP. P. 42.3(a).

Per Curiam

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