Alexis Nicole Swan and Terrisa D. Swan v. Bienski Properties, LP

• Court: Court of Appeals of Texas
• Decided: January 23, 2015
• Docket: 10-14-00309-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-14-00309-CV

ALEXIS NICOLE SWAN AND TERRISA D. SWAN, Appellants v.

BIENSKI PROPERTIES, LP, Appellee

From the County Court at Law No. 1 Brazos County, Texas Trial Court No. 13-001511-CV-CCL1

ORDER

On August 4, 2014, appellants, Alexis Nicole Swan and Terrisa D. Swan, filed

their notice of appeal challenging the trial court’s July 10, 2014 final judgment.

Subsequently, on August 11, 2014, appellee, Bienski Properties, LP (“Bienski”), also

filed a notice of appeal challenging the trial court’s July 10, 2014 final judgment. The

notices of appeal were assigned a single appellate cause number—10-14-00309-CV. See

TEX. R. APP. P. 12.2(c) (“All notices of appeal filed in the same case must be given the

same docket number.”). On October 15, 2014, this Court received a docketing statement filed by the

Swans. However, we have not received a docketing statement from Bienski. See id. at

R. 32.1. Accordingly, in a letter dated November 7, 2014, the Clerk of this Court notified

Bienski that the docketing statement must be filed within twenty-one days of November

7, 2014. The letter also warned Bienski that if the docketing statement was not filed

within twenty-one days of November 7, 2014, the appeal would be dismissed without

further notification. See id. at R. 42.3(b)-(c), 44.3.

More than twenty-one days have passed, and we have not received Bienski’s

docketing statement. Accordingly, we dismiss Bienski’s appeal in this matter.1 See id. at

R. 42.3(b)-(c).

PER CURIAM

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Order issued and filed January 22, 2015 Do not publish [CV06]

1 The Swans’ appeal against Bienski remains pending.

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