Charles Harrison & All Other Occupants v. Angela Luckey

• Court: Court of Appeals of Texas
• Decided: August 31, 2021
• Docket: 05-21-00425-CV
• Status: Published

Opinion

Dismiss and Opinion Filed August 31, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00425-CV

CHARLES HARRISON & ALL OTHER OCCUPANTS, Appellant V. ANGELA LUCKEY, Appellee

On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-20-03288-A

MEMORANDUM OPINION Before Justices Osborne, Pedersen, III, and Nowell Opinion by Justice Osborne This appeal from the trial court’s December 10, 2020 default judgment was

filed June 9, 2021. Because the record reflected no post-judgment motion or request

for findings of fact and conclusions of law was timely filed, it appeared the appeal

was a restricted appeal. See TEX. R. APP. P. 30. The notice of appeal, however, did

not comply with the requirements for a notice of restricted appeal. See id. 25.1(d)(7).

Accordingly, we directed appellant to file, no later than July 1, 2021, an amended

notice of appeal that complied with the requirements. Although we cautioned

appellant that failure to comply could result in dismissal of the appeal without further notice, appellant has not responded to date. See id. 42.3(a),(c). Accordingly, we

dismiss the appeal. See id. 42.3(a),(c).

/Leslie Osborne/ 210425f.p05 LESLIE OSBORNE JUSTICE

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

CHARLES HARRISON & ALL On Appeal from the County Court at OTHER OCCUPANTS, Appellant Law No. 1, Dallas County, Texas Trial Court Cause No. CC-20-03288- No. 05-21-00425-CV V. A. Opinion delivered by Justice ANGELA LUCKEY, Appellee Osborne, Justices Pedersen, III and Nowell participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Judgment entered this 31st day of August, 2021.

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