Kelley|Witherspoon, LLP, Kevin Kelley and Nuru Witherspoon v. Armstrong International Services, Inc.

• Court: Court of Appeals of Texas
• Decided: March 14, 2014
• Docket: 05-14-00130-CV
• Status: Published

Opinion

Order entered March 14, 2014

In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00130-CV

KELLEY|WITHERSPOON, LLP, ET AL., Appellants

V.

ARMSTRONG INTERNATIONAL SERVICES, INC., Appellee

On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-11-01907-E

ORDER Before the Court is appellee’s March 5, 2014 motion for an extension of time to file a notice of cross-appeal. The trial court’s judgment was signed on November 19, 2013. Because a timely motion for new trial was filed, the notice of appeal was due on February 17, 2014. See TEX. R. APP. P. 26.1(a). Appellants filed their notice of appeal on February 3, 2014. An appellee may file a notice of cross-appeal by the deadline for filing a notice of appeal or within fourteen days after the first notice of appeal is filed. See TEX. R. APP. P. 26.1(d). An extension of time to file a notice of appeal may be granted if a party files, within fifteen days of the deadline, a notice of appeal along with an extension motion. See TEX. R. APP. P. 26.3. Pursuant to these rules, the last day for appellee to file a notice of cross-appeal was March 4, 2014. Appellee filed its notice of cross-appeal on March 5, 2014. Accordingly, we DENY appellee’s motion.

/s/ ADA BROWN JUSTICE