Hakel Investments, Inc., Rafca Noun, AGN Investment, Inc. and Allstates Sales & Distribution LLC v. Edgefield Holdings LLC, (Successor in Interest to Regions Bank)

• Court: Court of Appeals of Texas
• Decided: December 17, 2024
• Docket: 01-24-00673-CV
• Status: Published

Opinion

Opinion issued December 17, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00673-CV ——————————— HAKEL INVESTMENTS, INC., RAFCA NOUN, AGN INVESTMENT, INC. AND ALLSTATES SALES & DISTRIBUTION LLC, Appellants V. EDGEFIELD HOLDINGS LLC, (SUCCESSOR IN INTEREST TO REGIONS BANK), Appellee

On Appeal from the 127th District Court Harris County, Texas Trial Court Case No. 2008-59722

MEMORANDUM OPINION

Appellee Edgefield Holdings LLC (Successor in Interest to Regions Bank)

filed a motion to dismiss this appeal for lack of jurisdiction. Appellants have not

filed a response to this motion. We dismiss. Appellee contends that we lack jurisdiction over this appeal because appellant

did not file a timely notice of appeal. Appellants are appealing from the trial court’s

June 5, 2024 turnover order. On July 16, 2024, appellants filed a motion to set aside

the turnover order, but even if we construed this motion to be a post-judgment

motion that could extend the deadline for filing the notice of appeal, this motion to

set aside the turnover order was not filed within thirty days of the signing of the

turnover order. Therefore, it could not extend the deadline for filing the notice of

appeal. See TEX. R. CIV. P. 329b.

A post-judgment turnover order is a final, appealable order. See Burns v.

Miller, Hiersche, Martens & Hayward, P.C., 909 S.W.2d 505, 506 (Tex. 1995)

(citing Schultz v. Fifth Jud. Dist. Ct. of Appeals, 810 S.W.2d 738, 738–40 (Tex.

1991)). Thus, the notice of appeal was due within 30 days from the date the turnover

order was signed, or by July 5, 2024. See TEX. R. APP. P. 26.1. Appellant did not

file their notice of appeal until September 5, 2024.1 Accordingly, the notice of

appeal is untimely. Absent a timely filed notice of appeal, we lack jurisdiction. See

TEX. R. APP. P. 25.1.

1 There is another trial court order signed on September 9, 2024, directing the receiver to distribute proceeds, but appellant has not appealed from this order. 2 We grant appellee’s motion and dismiss this appeal for lack of jurisdiction.

See TEX. R. APP. P. 42.3(a), 43.2(f). Any other pending motions are dismissed as

moot.

PER CURIAM Panel consists of Justices Kelly, Hightower, and Gunn.