Brenda Simmons McGowen, Evelyn Simmons Woodfork, and the Unknown Heirs of Georgia Lee Riles v. Vanderbilt Mortgage & Finance, Inc.
This text of Brenda Simmons McGowen, Evelyn Simmons Woodfork, and the Unknown Heirs of Georgia Lee Riles v. Vanderbilt Mortgage & Finance, Inc. (Brenda Simmons McGowen, Evelyn Simmons Woodfork, and the Unknown Heirs of Georgia Lee Riles v. Vanderbilt Mortgage & Finance, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Court of Appeals Tenth Appellate District of Texas
10-25-00171-CV
Brenda Simmons McGowen and Evelyn Simmons Woodfork, Appellants
v.
Vanderbilt Mortgage & Finance, Inc., Appellee
On appeal from the 278th District Court of Walker County, Texas Judge Tracy Sorenson, presiding Trial Court Cause No. 2029747
JUSTICE SMITH delivered the opinion of the Court.
MEMORANDUM OPINION
Brenda Simmons McGowen and Evelyn Simmons Woodfork appealed
from a final judgment signed by the trial court on December 16, 2024. The
appellants filed a motion for new trial on December 20, 2024. The appellants’
first notice of appeal was filed in the trial court on April 28, 2025. After that
appeal was dismissed by this Court on May 29, 2025, the appellants filed a
second notice of appeal in the trial court on June 2, 2025. See McGowen v. Vanderbilt Mortg. & Fin., Inc., No. 10-25-00138-CV, 2025 WL 1523017, 2025
Tex. App. LEXIS 3674 (Tex. App.—Waco May 29, 2025, no pet. h.). No motion
for rehearing was filed in the earlier appeal, and nothing in the notice of appeal
filed in this proceeding in the trial court indicates that the appellants were
attempting to file a motion for rehearing of the prior appeal.
By letter from the Clerk of this Court dated June 4, 2025, the appellants
were informed that the second notice of appeal appeared to be untimely and a
response was requested relating to whether this Court has jurisdiction over
this appeal. No response has been filed.
We find that the notice of appeal was not timely. Accordingly, we dismiss
this appeal for want of jurisdiction. TEX. R. APP. P. 26.1; 42.3(a).
STEVE SMITH Justice
OPINION DELIVERED and FILED: June 26, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed CV06
McGowen v. Vanderbilt Mortg. & Fin., Inc. Page 2
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