DISMISS and Opinion Filed June 25, 2024 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-24-00198-CV 

DK MEDIA GROUP INC., Appellant 

V. 

THE KOREA TIMES MEDIA, INC. AND YUNJU KYOUNG, Appellees 

On Appeal from the 160th Judicial District Court 

Dallas County, Texas 

Trial Court Cause No. DC-23-10906 

MEMORANDUM OPINION 

Before Justices Molberg, Nowell, and Kennedy 

Opinion by Justice Nowell 

On December 1, 2023, the trial court granted appellees’ motion to dismiss 

brought pursuant to the Texas Citizen’s Participation Act (TCPA). See TEX. CIV.

PRAC. & REM. CODE ANN. § 27.003. The trial court signed a final judgment, on 

January 2, 2024, awarding appellees their attorney’s fees pursuant to section 

27.009(a)(1) of the TCPA. See id. § 27.009(a)(1). After filing a motion for new 

trial, appellant filed its notice of appeal on February 22, 2024. Asserting that the 

notice of appeal was untimely filed, appellees have filed a motion to dismiss the 
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appeal for want of jurisdiction. For reasons explained below, we grant the motion 

and dismiss the appeal. 

Under TCPA Section 27.008(b), “[a]n appellate court shall expedite an appeal 

or other writ, whether interlocutory or not, from a trial court order on a motion to 

dismiss a legal action under Section 27.003 or from a trial court’s failure to rule on 

that motion in the time prescribed by Section 27.005.” Id. § 27.008(b). Appeals that 

are statutorily required to be expedited are accelerated appeals. See TEX. R. APP. P. 

28.1(a). In an accelerated appeal, a notice of appeal is due within twenty days after 

the date the judgment or order is signed or, with an extension motion, within fifteen 

days of the deadline. See TEX. R. APP. P. 26.1(b), 26.3, 28.1(b). Filing a motion for 

new trial does not extend the time to perfect an accelerated appeal. See id. 28.1(b). 

Absent a timely filed notice of appeal or extension request, we lack jurisdiction. See

Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542, 545 (Tex. 

App.—Dallas 2009, no pet.) (op. on reh’g) (timely filing of notice of appeal is 

jurisdictional). Because this appeal is accelerated, the notice of appeal was due 

January 22, 2024 or, with an extension motion, February 6, 2024. 

In its response to appellees’ motion to dismiss, appellant asserts that this 

appeal is subject to the ordinary timetable because the December 1st interlocutory 

order granting the TCPA motion was not subject to appeal. See TEX. CIV. PRAC. &

REM. CODE ANN. § 51.014(a)(12) (permitting interlocutory appeal of order denying 

TCPA motion to dismiss). It is true that the December 1st interlocutory order was 
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not appealable. However, the final judgment signed on January 2nd was appealable 

and, pursuant to section 27.008(b), the appeal of the final judgment is expedited and 

proceeds as an accelerated appeal. See TEX. CIV. PRAC. & REM. CODE ANN. 

§ 27.008(b); TEX. R. APP. P. 28.1(a). 

Appellant also asserts that this Court has jurisdiction because the appealed 

order is void. It asserts the order is void because the trial court lacked subject matter 

jurisdiction. However, without a timely filed notice of appeal, an appellate court has 

no jurisdiction to consider any complaint, even a complaint that the trial court lacked 

subject matter jurisdiction. See Siddiqui v. Unlimited Asset Recovery, Inc., No. 01–

09–00026–CV, 2009 WL 3930748, at *2 (Tex. App.--Houston [1st Dist.] Nov. 19, 

2009, no pet.) (mem. op.); see also Denton Cnty. v. Huther, 43 S.W.3d 665, 667 n. 

2 (Tex. App.—Fort Worth 2001, no pet.) (in absence of timely notice of appeal, 

appellate court lacks jurisdiction to consider even fundamental error). 

Because appellant failed to file a timely notice of appeal, we grant appellees’ 

motion and dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). 

240198F.P05 

 

/Erin A. Nowell/

ERIN A. NOWELL 

JUSTICE 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

DK MEDIA GROUP INC., 

Appellant 

No. 05-24-00198-CV V. 

THE KOREA TIMES MEDIA, INC. 

AND YUNJU KYOUNG, Appellees 

 On Appeal from the 160th Judicial 

District Court, Dallas County, Texas 

Trial Court Cause No. DC-23-10906. 

Opinion delivered by Justice Nowell. 

Justices Molberg and Kennedy 

participating. 

 In accordance with this Court’s opinion of this date, the appeal is 

DISMISSED. 

 It is ORDERED that appellees THE KOREA TIMES MEDIA, INC. AND 

YUNJU KYOUNG recover their costs of this appeal from appellant DK MEDIA 

GROUP INC. 

Judgment entered June 25, 2024