Henry Townsend and Goldie Smith v. Atlas 13 Northwest Medical, LP

Opinion

Appeal Dismissed and Memorandum Opinion filed December 17, 2020.

In The

Fourteenth Court of Appeals

NO. 14-20-00713-CV

HENRY TOWNSEND AND GOLDIE SMITH, Appellants

V. ATLAS 13 NORTHWEST MEDICAL, LP, Appellee

On Appeal from the 61st District Court Harris County, Texas Trial Court Cause No. 2016-35237

MEMORANDUM OPINION

This is an appeal from a judgment signed September 1, 2020. The notice of appeal was due October 1, 2020. See Tex. R. App. P. 26.1. Appellants, however, filed their notice of appeal on October 2, 2020, 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 November 5, 2020, we ordered appellant to file a proper motion to extend time to file the notice of appeal on or before November 16, 2020. See Tex. R. App. P. 26.3, 10.5(b). Appellant did not file a motion. Therefore, we dismiss the appeal. See Tex. R. App. P. 42.3.

PER CURIAM

Panel consists of Justices Christopher, Wise, and Hassan