Donald R. Phariss v. NBC Management, Inc.

Court of Appeals of Texas

Donald R. Phariss v. NBC Management, Inc.

DecidedJanuary 26, 2006

Docket13-05-00652-CV

StatusPublished

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Opinion

NUMBER 13-05-652-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

___________________________________________________________________

DONALD R. PHARISS, Appellant,

v.

NBC MANAGEMENT, INC., Appellee.

___________________________________________________________________

On appeal from the 267th District Court

of Victoria County, Texas

___________________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

Appellant, DONALD R. PHARISS, attempted to perfect an appeal from a judgment entered by the 267th District Court of Victoria County, Texas, in cause number 03-10-60,409-C. Judgment in this cause was signed on June 29, 2005. A timely motion for reconsideration was filed on July 14, 2005. Pursuant to Tex. R. App. P. 26.1, appellant=s notice of appeal was due on September 27, 2005, but was not filed until October 14, 2005. Appellant=s untimely motion for extension of time to file notice of appeal was received on October 21, 2005, and appellee=s response thereto was received on November 4, 2005.

The Court, having examined and fully considered the documents on file, appellant=s failure to timely perfect his appeal, appellant=s untimely motion for extension of time to file notice of appeal, and appellee=s response thereto, is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellant=s untimely motion for extension of time to file notice of appeal and the appeal are hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Memorandum Opinion delivered and filed this

the 26^th day of January, 2006.

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NUMBER 13-05-652-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

___________________________________________________________________

DONALD R. PHARISS, Appellant,

v.

NBC MANAGEMENT, INC., Appellee.

___________________________________________________________________

On appeal from the 267th District Court

of Victoria County, Texas

___________________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

Appellant, DONALD R. PHARISS, attempted to perfect an appeal from a judgment entered by the 267th District Court of Victoria County, Texas, in cause number 03-10-60,409-C. Judgment in this cause was signed on June 29, 2005. A timely motion for reconsideration was filed on July 14, 2005. Pursuant to Tex. R. App. P. 26.1, appellant=s notice of appeal was due on September 27, 2005, but was not filed until October 14, 2005. Appellant=s untimely motion for extension of time to file notice of appeal was received on October 21, 2005, and appellee=s response thereto was received on November 4, 2005.

The Court, having examined and fully considered the documents on file, appellant=s failure to timely perfect his appeal, appellant=s untimely motion for extension of time to file notice of appeal, and appellee=s response thereto, is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellant=s untimely motion for extension of time to file notice of appeal and the appeal are hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Memorandum Opinion delivered and filed this

the 26^th day of January, 2006.

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