Harlan v. Howe State Bank

Court of Appeals of Texas

Harlan v. Howe State Bank

957 S.W.2d 570, 1997 Tex. App. LEXIS 340, 1997 WL 37114

CourtCourt of Appeals of Texas

DecidedJanuary 30, 1997

DocketNo. 05-96-01583-CV

StatusPublished

Cited by1 cases

This text of 957 S.W.2d 570 (Harlan v. Howe State Bank) 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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Harlan v. Howe State Bank, 957 S.W.2d 570, 1997 Tex. App. LEXIS 340, 1997 WL 37114 (Tex. Ct. App. 1997).

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Opinion

OPINION AND ORDER

WHITTINGTON, Justice.

Because the cash deposit in lieu of bond was not timely filed, and no motion to extend time to file the bond was timely filed, this Court does not have jurisdiction over this appeal. Accordingly, appellee Howe State Bank’s October 15, 1996 motion to dismiss for want of jurisdiction is GRANTED and this appeal is DISMISSED for want of jurisdiction. See Tex.R.App.P. 41(a)(1)—(2); Youngstown Sheet & Tube Co. v. Penn, 363 S.W.2d 230 (Tex.1962); Fite v. Johnson, 654 S.W.2d 51, 52 (Tex.App.—Dallas 1983, no writ).

[571]*571Appellants’ October 25, 1996 motion for leave to re-file motion to extend time or, in the alternative, motion for leave to file motion to extend time is DENIED as moot.

It is ORDERED that appellees, Howe State Bank and Tohnie E. Hynds, Substitute Trustee, recover their costs of this appeal from appellants Jerry H. Harlan and W.C. Daily and from the cash deposit in lieu of cost bond. After all costs have been paid, the clerk of the district court is directed to release the balance, if any, of the cash deposit to Robert C. Jenevein, as attorney for appellants Jerry H. Harlan and W.C. Daily.

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OPINION AND ORDER

WHITTINGTON, Justice.

Because the cash deposit in lieu of bond was not timely filed, and no motion to extend time to file the bond was timely filed, this Court does not have jurisdiction over this appeal. Accordingly, appellee Howe State Bank’s October 15, 1996 motion to dismiss for want of jurisdiction is GRANTED and this appeal is DISMISSED for want of jurisdiction. See Tex.R.App.P. 41(a)(1)—(2); Youngstown Sheet & Tube Co. v. Penn, 363 S.W.2d 230 (Tex.1962); Fite v. Johnson, 654 S.W.2d 51, 52 (Tex.App.—Dallas 1983, no writ).

[571]*571Appellants’ October 25, 1996 motion for leave to re-file motion to extend time or, in the alternative, motion for leave to file motion to extend time is DENIED as moot.

It is ORDERED that appellees, Howe State Bank and Tohnie E. Hynds, Substitute Trustee, recover their costs of this appeal from appellants Jerry H. Harlan and W.C. Daily and from the cash deposit in lieu of cost bond. After all costs have been paid, the clerk of the district court is directed to release the balance, if any, of the cash deposit to Robert C. Jenevein, as attorney for appellants Jerry H. Harlan and W.C. Daily.

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957 S.W.2d 570, 1997 Tex. App. LEXIS 340, 1997 WL 37114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harlan-v-howe-state-bank-texapp-1997.

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