## In the Court of Appeals Second Appe l late District of Te xas at Fort Worth

___________________________ No. 02

- 22

- 00461

- CV

___________________________

On Appeal from County Court at Law No. 1 Tarrant County, Texas Trial Court N o. 2019

- 006219

- 1

Before Kerr, Birdwell, and Basse l, JJ. Memor andum Opinion by Justice Kerr 

### L INDA 

### M ORGAN 

### , Appellant

V


### . J ORGE 

### R ODRIGUEZ AND 

### A L LIANCE 

### R ECONSTRUCTION 

### , Appellees2 M EMORANDUM OPINION
On May 11, 2022, the trial court signed an order d ismissing for want of
pr osecution Appellant Linda Mor gan ’ s suit against Ap pellees Jorge Rod rig uez and
Alliance Reconstr uction. See Tex. R. Civ. P. 165 a . Because Morg an faile d to timely file

a post judgment motion to extend the appellate deadline, her notice of appeal was due June 10, 2022. See Tex. R. App. P. 26.1 ; Tex

. R. Civ. P. 16 5a .3. Bu t Morgan d id not file her notice of appe al until November 21, 2022 , making it untimely

. See Tex. R. App. P. 26.1

. The time for filing a notice of appeal is jurisdictional in this court, and without
a tim ely filed notice of appeal or a timely filed extension r e quest, we must dismiss the
app eal. 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 (Te x. 1997). We thus

wrote to Morgan on No vember 28 , 2022, express ing our conc ern that we lack ed jurisdictio n over this appeal beca u se it appeared that her notice of appeal was untimely filed and war ned that we could di smiss the appeal for want of jurisdiction

. See Tex. R . App. P. 26.1, 42.3(a), 43.2(f)

. We received no re sponse but later re alized th at ou r letter may h ave caused
confus i on because it s tated the incorrect notice

- of

- appeal fil ing de adli ne . So we wrote to Morgan again on December 22, 20 2 2

. This time, we stat ed the correct notice

- o f

appeal fil ing de adli ne and again pointed out that it appeared that her notice of app eal

was u n timely

.3 In that same letter , we also pointed ou t that in a restricted appeal, the notice of appeal must be filed within six months after the judgment or o rder is sign ed. See Tex.
R. App. P. 2 6.1(c). We stated that if M organ intended to pursue a restricted appeal , she must do the following :

• File an amended notice of appeal in the trial court containing the inform ation required for a restricted appeal a nd file, wit h us , a copy of the amended no tice of appeal , s ee Tex. R. App. P. 25.1 (d), (e), (g), 37. l , and

• F ile with us a response

— ver ified, if necessary

— showing a reasonable explanation for the late fili ng of the notice of restricted appeal , 1 s ee Tex. R . App. P. 10 .2, 10.5(b), 26.3(b)

. W e warn ed Morgan that if she failed to complete these steps within ten days or

t hat if we determined that her appeal was not timely perfected , we would dismiss h er appeal for want of jurisdiction. See Tex. R. Ap p. P. 42.3(a), 43 .2(f)

. Ten days have passed, a nd Morgan ha s failed to take the requested actions

. According ly, we dismi s s this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f)

.

/s/ Eliza beth Kerr Elizab eth Kerr Ju stice
Delivered: January 26, 2023

1 M organ ’s notice of appeal was filed after the six

- month re stricte d

- appeal filing deadline but within the 15

- day period in w hich we in fe r a motion to extend the filing deadline. See Tex. R. App. P. 26.1(c) , 26.3 ; Jones , 976 S .W.2d at 677 ; Verburg t , 95 9 S. W

. 2 d at 61 7

.