Doykan, George and Doykan, Claire v. United Pools, Inc.

• Court: Court of Appeals of Texas
• Decided: January 23, 2003
• Docket: 14-02-01137-CV
• Status: Published

Opinion

Dismissed and Opinion filed January 23, 2003

Dismissed and Opinion filed January 23, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-01137-CV

GEORGE DOYKAN AND CLAIRE DOYKAN, Appellants

V.

UNITED POOLS, INC., Appellee

On Appeal from the County Civil Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 744,440

M E M O R A N D U M  O P I N I O N

This is an appeal from a judgment signed July 17, 2002.  Appellants filed a timely motion for new trial.  The notice of appeal was due October 15, 2002.  See Tex. R. App. P. 26.1.  Appellants, however, filed their notice of appeal on October 16, 2002, a date within 15 days of the due date for the notice of appeal.  See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).  Appellants did not file a motion to extend time to file the notice of appeal.  On December 31, 2002, we ordered appellants to file a proper motion to extend time to file the notice of appeal on or before January 10, 2003.  See Tex. R. App. P. 26.3;10.5(b).  Appellants did not file a motion.  We, therefore, dismiss the appeal.  See Tex. R. App. P. 42.3.

PER CURIAM

Opinion filed January 23, 2003.

Panel consists of Justices Yates, Anderson, and Frost.