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APPEAL FROM THE 123RD JUDICIAL DISTRICT COURT OF SHELBY COUNTY, TEXAS

This appeal is being dismissed for want of jurisdiction pursuant to Texas Rule of Appellate Procedure 42.3(a). On September 28, 2000, the trial court signed an order granting Gene Borders and Timber Harvesting Corporation of Shelby County, Texas, Inc.’s (collectively “Appellees”) Motion for Summary Judgment. On October 16, 2000, Ruby Eddins, Individually and as Executor of the Estate of J.C. Eddins, (“Eddins”) filed a request for findings of fact and conclusions of law. Thereafter, on November 1, 2000, the trial court signed an order severing Eddins’ claims against Appellees from the rest of the case. On December 30, 2000, Eddins filed a notice of appeal and a motion for extension of time to file notice of appeal in the trial court.

Timeliness of Notice of Appeal

 
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