## In the Court of A

ppeals Second Appellate District of Texas

at Fort Worth

_____ _ _____________________ No. 02

- 23

- 00168

- CV

___________________________

On Appeal from Probate Court No. 2 Tarrant County, Texas Trial Court No. 2010

- GD00395

- 2
Before Sudderth, C.J.; Kerr and Birdwell, JJ. Mem orandum Opinion by Chie f Justice Sudderth 

### I N THE 

### G UARDIANSHIP OF 

### M ONICA 

### S IXTOS 

### , AN 

### I NCAPACITATED 

### P ERSON2 MEMORANDUM OPINION Appella nt Melissa Neys t el attempt s to appeal from a trial court order denying
her motion to appoint successor joint guardians of Monica Sixtos

. B ut Neystel filed
her notice of appeal to o late

.

“ [T]he time for filing a notice of appeal is jurisd i ctional in this court, and absent a timely [ ] filed notice of appeal or timely [ ] filed motio n fo r extension, we must dismiss the appeal ” for want of jurisdiction. Le wis v. City of Fort Worth , No . 02

- 22

- 00411

- CV, 2022 WL 17037420, at *1 (Tex. App.

— Fort Worth Nov. 17, 2022, no pet. ) (mem. op.) (quoting Manning v. Funimation , No. 02

- 22

- 00145

- CV, 2022 WL 1573486, at * 1 (Tex. App.

— Fort Worth May 19, 2022, no pet.) (mem. op. ) ) ; Mitchell v. Estrada , No.
0 2

- 22

- 0 0005

- CV, 2022 WL 1183342, at *1 ( Tex. App.

— Fort Worth Apr. 21, 2022, no
pet. ) (mem. op.) ; see Te x. R. A pp. P. 25.1 (b)

. Generally, a notice of appeal must be
f i led within 30 days after the a ppealable judgment or order is sig ned

. Tex. R. App. P.
26 .1

. O r , if the appel l ant files a timely motion for new trial or other qualifying
post judgm e nt mo tion to e xtend the deadline , the notice of appea l must be filed within 90 days after the appealable judgment or order is signed

. 1 Tex. R. App

. P. 26.1 ( a )

. Her e, th e t rial court signed an order denying Neystel ’ s motion on Decembe r 6,
20 22, but Neystel did not file a notice of appeal until May 15, 2023

— more than 150

1 An appellan t can also request a 15

- day extension if the request is filed within 1 5 day s after the deadline for the notice of app eal. See Tex. R. App. P . 26. 3

. Neystel did not request an extension , no r did s he file her noti ce of appeal withi n 15 d ays of the de adline

. Cf. Verb urgt v. Dorner , 959 S.W.2d 615, 617 (Tex. 1997)

.3

days later

. Accordingly, w e notifie d Neystel that her notice of appeal a ppear ed
untim ely, and w e warned t hat we c ould dismiss t h e appeal for w ant of ju risdiction
unless she ( or any other party ) file d a r es ponse sho wing grounds for con tinu i ng th e ap peal

. See Tex. R. App. P. 42 .3 (a) , 44. 3

. Neystel responded by pointing to her timely motion for new trial , which
extended the deadline for her notice of appeal

. But still she failed to show grounds for continuing the appeal

. Neystel ’ s motion for n ew trial ex tended her d eadline only
until M arch 6, 2023 , so her M a y 15 notice was still more than two months late. S e e Tex. R. App. P. 26.1 (a) ; Manning , 2022 WL 1573486, at * 1

– 2 (holding similarly when appellant filed notice of appeal 270 days after judgment and r esponded to ap pellate

court ’ s jurisdictional notice by p ointing to motion for new trial )

. Because Neystel f

a i led to f ile a timely not

ice of appeal an d has not shown grounds fo r continui ng th is appeal , we dismiss her appeal for want of jurisdiction

. See Tex. R. App. P

. 42.3( a

) , 43.2(f) ; s ee Manning

, 2022 WL 1573486, at *2 (holding similarly when appellant file d untimely notice of appeal and failed to show grounds for continuing appeal

); In r e Guardianship of White , No. 02

- 21

- 00300

- CV, 2022 WL 488936, at *2 (Tex. App.

— F ort Worth Feb. 17, 2022, no pet. ) (mem. op.) ( similar )

. /s/ Bonnie Sudderth
Bonnie Sudde rth Chief Justice
Del i v ered: June 8, 2023