Taylor Ray Smith v. Kimberly Anne Cole

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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