Susan Flander v. Texas Department of Public Satety
CourtTexas Court of Appeals, 15th District
Date FiledAugust 25, 2026
Docket15-26-00150-CV
StatusPublished
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Full Opinion
Dismissed and Memorandum Opinion filed August 25, 2026
In The
Fifteenth Court of Appeals
NO. 15-26-00150-CV
SUSAN FLANDER, Appellant
V.
TEXAS DEPARTMENT OF PUBLIC SATETY, Appellee
On Appeal from the County Court at Law No 1
Travis County, Texas
Trial Court Cause No. C-1-CV-25-000674
MEMORANDUM OPINION
This is an attempted appeal from the trial court’s dismissal of appellant
Susan Flander’s suit challenging actions of the Texas Department of Public
Safety’s Enforcement Division (DPS). On July 23, 2025, the trial court granted
DPS’s plea to the jurisdiction and dismissed Flander’s suit. On August 4, 2026,
Flander filed a document in this Court “seeking review of judicial decisions and
related administrative actions.” We construe this document as a notice of appeal.
A notice of appeal must be filed within 30 days after the judgment is signed
or 90 days with an extension motion. Tex. R. App. P. 26.1. A timely notice of
appeal is an essential prerequisite for the appellate court’s jurisdiction. Mitschke v.
Borromeo, 645 S.W.3d 251, 253 (Tex. 2022).
The Clerk of this Court notified Flander of our concern that we lack
jurisdiction over this appeal as it appeared that the notice of appeal was untimely.
The letter warned that unless she timely filed a response demonstrating the Court’s
jurisdiction, the Court may dismiss her appeal for lack of jurisdiction. See Tex. R.
App. P. 42.3(a). In response, Flander requested that any appellate deadlines be
equitably tolled. 1 However, we are prohibited from altering the time for perfecting
an appeal. See Tex. R. App. P. 2.
Because Flander’s notice of appeal was untimely, we dismiss the appeal for
want of jurisdiction. See Tex. R. App. P. 42.3(a).
PER CURIAM
Panel consists of Chief Justice Brister and Justices Field and Farris.
1
In her response, Flander also referred to her filing as an “Original Petition.” To the
extent we construe this proceeding as a petition for writ of mandamus, Flander has not shown
that she is entitled to mandamus relief. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124,
135-36 (Tex. 2004) (orig. proceeding) (holding that a party is entitled to mandamus relief only
upon a showing that the trial court clearly abused its discretion and it has no adequate remedy by
appeal).
2