CHIEF JUSTICE

 CAROLYN WRIGHT

JUSTICES

 DAVID L. BRIDGES

 MOLLY FRANCIS

 DOUGLAS S. LANG

 ELIZABETH LANG-MIERS

 ROBERT M. FILLMORE

 LANA MYERS

 DAVID EVANS

 DAVID LEWIS

 ADA BROWN

 CRAIG STODDART

 BILL WHITEHILL

 DAVID J. SCHENCK

LISA MATZ

CLERK OF THE COURT

(214) 712-3450

theclerk@5th.txcourts.gov

GAYLE HUMPA

BUSINESS ADMINISTRATOR

(214) 712-3434

gayle.humpa@5th.txcourts.gov

FACSIMILE

(214) 745-1083

INTERNET

WWW.TXCOURTS.GOV/5THCOA.ASPX

Court of Appeals

Fifth District of Texas at Dallas

600 COMMERCE STREET, SUITE 200

DALLAS, TEXAS 75202

(214) 712-3400

April 10, 2015

Mr. Neil Noble

P.O. Box 601464

Dallas , TX, 75360-1464

RE: Court of Appeals Number: 05-15-00423-CV

Trial Court Case Number: MI-15-00087

Style: In The Best Interest and Protection of N.N.

Dear Mr. Noble:

We have reviewed the clerk’s record in the above case and have a question concerning 

our jurisdiction. Specifically, it appears your notice of appeal is untimely. Your notice of appeal 

indicates that you desire to appeal the trial court’s January 22, 2015 orders for temporary inpatient mental health services and for administration of psychoactive medication. The order for 

in-patient services was modified on February 19, 2015 to provide for court ordered out-patient 

services. The temporary commitment statute provides a notice of appeal for court ordered 

mental health services must be filed not later than the 10th day after the date on which the order 

is signed. TEX. HEALTH & SAFETY CODE ANn. § 574.070. Appeals of orders compelling the 

administration of medication must also be filed within a ten-day period. TEX. HEALTH & SAFETY 

CODE ANn. § 574.070. 

The statute does not provide for extension of this period by filing a motion for new trial 

or to modify the judgment. See Johnstone v. State, 988 S.W.2d 950, 956 (Tex. App.—Houston 

[1st Dist.] 1999), rev'd on other grounds, 22 S.W.3d 408 (Tex. 2000) (per curiam).1

 Your notice 

of appeal was not filed within ten days of the date of any of the trial court’s orders. Without a 

timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b). 

So that this Court can determine its jurisdiction over this appeal, you are requested to file, 

within 10 days of the date of this letter, a jurisdictional letter brief of no more than 3 pages 

 1 The extension provisions of rule 26.3 of the Texas Rules of Appellate Procedure do apply to temporary 

commitment orders. In re J.A., 53 S.W.3d 869, 871 (Tex. App.—Dallas 2001, no pet.). In this case, application of 

the extension provisions of rule 26.3 would not render the appeal timely, however.
2

explaining how this Court has jurisdiction over this appeal. Alternatively, you may file a motion 

to dismiss the appeal. Appellee may file a responsive letter brief of no more than 3 pages within 

10 days of appellant’s brief. If either party will be relying on information not in the record 

before this Court that party must obtain a supplemental clerk’s record from the trial court 

containing that information. The deadline for filing the reporter’s record is suspended.

After it has received briefs regarding the jurisdictional issue, the Court will either: (1) 

order the appeal dismissed for want of jurisdiction; or (2) notify the parties by letter that the 

Court has jurisdiction over the appeal and, if appropriate, of any pending deadlines. We caution 

you that failure to file a jurisdictional brief may result in dismissal of the appeal without further 

notice. 

 

Respectfully,

/s/ Lisa Matz, Clerk of the Court

cc

Ms. Susan Hawk

Dallas County District Attorney

Frank Crowley Courts Building

133 N. Riverfront Blvd., LB 19

Dallas, TX, 7520

Ms. Mona Lisa Richard 

Official Court Reporter 

Probate Court No. 3 

Records Building Annex 

509 Main St., 2nd Floor 

Dallas, Texas 75202 7

LM/bm