X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
MEMORANDUM OPINION *fn1

On June 17, 2010, we notified Appellants that this court may not have jurisdiction over this appeal because it appeared that the notice of appeal was not timely filed. We stated that the appeal would be dismissed for want of jurisdiction unless Appellants or any party desiring to continue the appeal filed with the court on or before June 28, 2010, a response showing grounds for continuing the appeal. See Tex. R. App. P. 42.3(a), 44.3.

We received a response from Appellants on June 29, 2010. Appellants provide no explanation for why their notice of appeal was not timely filed but instead argue that no final judgment exists. We requested and received a reply from Appellee PlainsCapital Bank. After reviewing Appellants’ response to our jurisdictional inquiry, Appellee’s reply, the trial court’s November 12, 2009 “Order Granting Plaintff’s Emergency Application For Appointment Of Receiver,”*fn2 the trial court’s February 10, 2010 “Interlocutory Judgment By Default,” and the trial court’s February 19, 2010 “Final Judgment By Default,” it appears that all parties and all issues have been disposed of. The trial court’s February 19, 2010 “Final Judgment By Default”–which states that there was an “absence of any answer, response or appearance in this suit by Defendants” and that “this Court finds that a final judgment by default in favor of Plaintiff and against Defendants [Appellants] should be entered”–appears to be a final judgment. See generally Tex. R. Civ. P. 239. Because the February 19, 2010 judgment is a final judgment disposing of all parties and all issues and because Appellants timely filed a motion for new trial, the appellate deadline for filing their notice of appeal was May 20, 2010, see Tex. R. App. P. 26.1(a), but Appellants did not file their notice of appeal until June 11, 2010.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Florida Legal Awards 2022

May 19, 2022
Miami, FL

Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.


Learn More

Florida Legal Awards 2022 (FLLA)

May 19, 2022
Miami, FL

Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.


Learn More

WIPL.UK 2022

May 18, 2022 - May 19, 2022
London

The original national forum facilitating women-to-women exchange on leadership and current legal issues in the UK.


Learn More

Litigation Associate


A well-respected regional law firm that has represented businesses in Tampa Bay for decades is seeking a commercial litigation associate to ...


Apply Now ›

Trial Attorney - New York


Auto defense firm seeks experienced TRIAL ATTORNEY to do trials,motions, court appearances and depositions. Email resume: [email protected]


Apply Now ›

Medical Malpractice In-House Counsel


An innovative surgery center headquartered in the Tampa Bay area is seeking a Counsel to handle Medical Malpractice as well as general corpo...


Apply Now ›

LAWRENCE LAW LLC

05/16/2022
NJLJ Web

Lawrence Law LLC congratulates Jeralyn Lawrence, Esq. on her upcoming installation as President of the New Jersey State Bar Association


View Announcement ›

RAYNES & LAWN

05/11/2022
TLI Web

RAYNES & LAWN is Proud to Welcome Next Generation to the Firm


View Announcement ›

VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN

05/11/2022
TLI Web

VAN DER VEEN HARTSHORN & LEVIN Congratulates the Attorney of the Year Finalists named by The Legal Intelligencer


View Announcement ›