Deborah Cooper and Earl Cooper v. D & D G. C. of Gilmer, Inc. and D & D G. C. of Jacksonville, Inc.

Court of Appeals of Texas

Deborah Cooper and Earl Cooper v. D & D G. C. of Gilmer, Inc. and D & D G. C. of Jacksonville, Inc.

DecidedFebruary 10, 2005

Docket12-04-00361-CV

StatusPublished

This text of Deborah Cooper and Earl Cooper v. D & D G. C. of Gilmer, Inc. and D & D G. C. of Jacksonville, Inc. (Deborah Cooper and Earl Cooper v. D & D G. C. of Gilmer, Inc. and D & D G. C. of Jacksonville, 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.

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Deborah Cooper and Earl Cooper v. D & D G. C. of Gilmer, Inc. and D & D G. C. of Jacksonville, Inc., (Tex. Ct. App. 2005).

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Opinion

MARY'S OPINION HEADING

NO. 12-04-00361-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

DEBORAH COOPER AND

EARL COOPER, § APPEAL FROM THE 2ND

APPELLANTS

V. § JUDICIAL DISTRICT COURT OF

D & D G.C. OF GILMER, INC.AND

D & D G.C. OF JACKSONVILLE, INC.,

APPELLEES § CHEROKEE COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3(c). Appellants’ brief was due on January 12, 2005. On January 11, Appellants filed a motion for extension of time to file their brief. Appellees objected that the motion did not comply with Texas Rule of Appellate Procedure 10.5(b)(1)(C). We agreed and denied the Appellants’ motion.

On January 18, we received Appellants’ brief. On that same day, we notified Appellants that their brief failed to comply with Texas Rule of Appellate Procedure 38.1(g) and (j). We also notified Appellants that their deadline for filing an amended brief was January 25. Appellants timely amended their brief. However, on January 25, we notified Appellants that, because their brief was filed past the January 12 due date, a motion to file their brief late must be granted by the Court before their amended brief could be filed. We requested that Appellants file an original plus one copy of a motion to file the brief late, along with the required filing fee, on or before February 1, 2005.

The deadline for Appellants to file their motion has passed, and Appellants have neither filed the requested motion nor responded to our notice. Because Appellants have failed to file the motion required for filing their brief late, this appeal is dismissed. Tex. R. App. P. 42.3(c).

Opinion delivered February 10, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)

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MARY'S OPINION HEADING

NO. 12-04-00361-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

DEBORAH COOPER AND

EARL COOPER, § APPEAL FROM THE 2ND

APPELLANTS

V. § JUDICIAL DISTRICT COURT OF

D & D G.C. OF GILMER, INC.AND

D & D G.C. OF JACKSONVILLE, INC.,

APPELLEES § CHEROKEE COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3(c). Appellants’ brief was due on January 12, 2005. On January 11, Appellants filed a motion for extension of time to file their brief. Appellees objected that the motion did not comply with Texas Rule of Appellate Procedure 10.5(b)(1)(C). We agreed and denied the Appellants’ motion.

On January 18, we received Appellants’ brief. On that same day, we notified Appellants that their brief failed to comply with Texas Rule of Appellate Procedure 38.1(g) and (j). We also notified Appellants that their deadline for filing an amended brief was January 25. Appellants timely amended their brief. However, on January 25, we notified Appellants that, because their brief was filed past the January 12 due date, a motion to file their brief late must be granted by the Court before their amended brief could be filed. We requested that Appellants file an original plus one copy of a motion to file the brief late, along with the required filing fee, on or before February 1, 2005.

The deadline for Appellants to file their motion has passed, and Appellants have neither filed the requested motion nor responded to our notice. Because Appellants have failed to file the motion required for filing their brief late, this appeal is dismissed. Tex. R. App. P. 42.3(c).

Opinion delivered February 10, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)

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Deborah Cooper and Earl Cooper v. D & D G. C. of Gilmer, Inc. and D & D G. C. of Jacksonville, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/deborah-cooper-and-earl-cooper-v-d-d-g-c-of-gilmer-texapp-2005.