Dr. Rhodesier Lastrap, Lonnie Glispie, Rachel Taylor, and Deborah Wynn v. Utopia Lastrap

Court of Appeals of Texas

Dr. Rhodesier Lastrap, Lonnie Glispie, Rachel Taylor, and Deborah Wynn v. Utopia Lastrap

DecidedApril 26, 2022

Docket14-22-00218-CV

StatusPublished

This text of Dr. Rhodesier Lastrap, Lonnie Glispie, Rachel Taylor, and Deborah Wynn v. Utopia Lastrap (Dr. Rhodesier Lastrap, Lonnie Glispie, Rachel Taylor, and Deborah Wynn v. Utopia Lastrap) 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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Dr. Rhodesier Lastrap, Lonnie Glispie, Rachel Taylor, and Deborah Wynn v. Utopia Lastrap, (Tex. Ct. App. 2022).

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Opinion

Dismissed and Memorandum Opinion filed April 26, 2022.

In The

Fourteenth Court of Appeals

NO. 14-22-00218-CV

DR. RHODESIER LASTRAP, LONNIE GLISPIE, RACHEL TAYLOR, AND DEBORAH WYNN, Appellants V.

UTOPIA LASTRAP, Appellee

On Appeal from the 61st District Court Harris County, Texas Trial Court Cause No. 2021-45078

MEMORANDUM OPINION

Appellants Dr. Rhodesier Lastrap, Lonnie Glispie, Rachel Taylor, and Deborah Wynn bring a permissive appeal from an interlocutory order that is not otherwise appealable. Texas Rule of Appellate Procedure 28.3(c) provides that [t]he petition must be filed within 15 days after the order to be appealed is signed.” Tex. R. App. 28.3(c). Under rule 28.3(d) “[t]he court of appeals may extend the time to file the petition if the party: (1) files the petition within 15 days after the deadline, and (2) files a motion complying with Rule 10.5(b).” Id. 28.3(d).

The interlocutory order appellants attempt to appeal was signed by the trial court on February 14, 2022. The deadline for appellants to have filed their petition was March 1, 2022. See id. 28.3(c). The deadline for appellants to have filed a motion for extension of time, with the petition for permission to appeal the interlocutory order, was March 16, 2022. See id. 28.3(d). Appellants filed their notice of appeal on March 24, 2022—more than thirty days after the order appellants want to appeal was signed and eight days after the deadline for requesting an extension to time to file their petition. Appellants did not appeal the order until after the deadline for filing an extension had passed. Therefore, relator’s appeal is untimely. Moreover, appellants have not filed their petition for permission to appeal the February 14, 2022 interlocutory order. See id.

We dismiss appellants’ interlocutory appeal for want of jurisdiction. Appellants’ motion to extend time to file their notice of appeal and appellee’s motion to strike the docketing statement are dismissed as moot.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Bourliot and Spain.

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Dismissed and Memorandum Opinion filed April 26, 2022.

In The

Fourteenth Court of Appeals

NO. 14-22-00218-CV

DR. RHODESIER LASTRAP, LONNIE GLISPIE, RACHEL TAYLOR, AND DEBORAH WYNN, Appellants V.

UTOPIA LASTRAP, Appellee

On Appeal from the 61st District Court Harris County, Texas Trial Court Cause No. 2021-45078

MEMORANDUM OPINION

Appellants Dr. Rhodesier Lastrap, Lonnie Glispie, Rachel Taylor, and Deborah Wynn bring a permissive appeal from an interlocutory order that is not otherwise appealable. Texas Rule of Appellate Procedure 28.3(c) provides that [t]he petition must be filed within 15 days after the order to be appealed is signed.” Tex. R. App. 28.3(c). Under rule 28.3(d) “[t]he court of appeals may extend the time to file the petition if the party: (1) files the petition within 15 days after the deadline, and (2) files a motion complying with Rule 10.5(b).” Id. 28.3(d).

The interlocutory order appellants attempt to appeal was signed by the trial court on February 14, 2022. The deadline for appellants to have filed their petition was March 1, 2022. See id. 28.3(c). The deadline for appellants to have filed a motion for extension of time, with the petition for permission to appeal the interlocutory order, was March 16, 2022. See id. 28.3(d). Appellants filed their notice of appeal on March 24, 2022—more than thirty days after the order appellants want to appeal was signed and eight days after the deadline for requesting an extension to time to file their petition. Appellants did not appeal the order until after the deadline for filing an extension had passed. Therefore, relator’s appeal is untimely. Moreover, appellants have not filed their petition for permission to appeal the February 14, 2022 interlocutory order. See id.

We dismiss appellants’ interlocutory appeal for want of jurisdiction. Appellants’ motion to extend time to file their notice of appeal and appellee’s motion to strike the docketing statement are dismissed as moot.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Bourliot and Spain.

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Dr. Rhodesier Lastrap, Lonnie Glispie, Rachel Taylor, and Deborah Wynn v. Utopia Lastrap, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dr-rhodesier-lastrap-lonnie-glispie-rachel-taylor-and-deborah-wynn-v-texapp-2022.