Nusrat P. Singh and Harjinder P. Singh v. Hasan F. Hashmi, M.D., and Salma Hashmi

• Court: Court of Appeals of Texas
• Decided: August 21, 2013
• Docket: 05-13-00897-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed August 21, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00897-CV

NUSRAT P. SINGH AND HARJINDER P. SINGH, Appellants V. HASAN F. HASHMI, M.D. AND SALMA HASHMI, Appellees

On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-09-06762-A

MEMORANDUM OPINION Before Justices FitzGerald, Francis, and Lewis Opinion by Justice Lewis

This appeal from the trial court’s February 20, 2013 final judgment was filed June 27,

2013. Appellants Nusrat P. Singh and Harjinder P. Singh timely filed a request for findings of

fact and conclusions of law, making the deadline for filing the notice of appeal May 21, 2013, or

with a timely extension motion, June 5, 2013. See TEX. R. APP. P. 26.1(a)(1), 26.3. Because the

notice of appeal on its face appeared untimely, we directed appellants, by letter dated July 24,

2013, to file a letter brief addressing our jurisdiction over the appeal. That same day, appellees

Hasan F. Hashmi, M.D. and Salma Hashmi, filed a motion to dismiss the appeal for lack of

jurisdiction. Although more than ten days have passed since our letter and the filing of

appellees’ motion, appellants have not responded or otherwise communicated with the Court. Our jurisdiction is invoked upon the timely filing of a notice of appeal. See TEX. R. APP.

P. 25.1(b); Garza v. Hibernia Nat’l Bank, 227 S.W.3d 233, 233 (Tex. App.—Houston [1st Dist.]

2007, no pet.). Appellants’ notice of appeal, filed beyond the deadline set forth by the appellate

rules, fails to invoke our jurisdiction. Accordingly, we grant appellees’ motion and dismiss the

appeal. See TEX. R. APP. P. 42.3(a).

/David Lewis/ DAVID LEWIS JUSTICE

130897F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

NUSRAT P. SINGH AND HARJINDER P. On Appeal from the County Court at Law SINGH, Appellants No. 1, Dallas County, Texas Trial Court Cause No. CC-09-06762-A. No. 05-13-00897-CV V. Opinion delivered by Justice Lewis. Justices FitzGerald and Francis participating. HASAN F. HASHMI, M.D. AND SALMA HASHMI, Appellees

In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellees Hasan F. Hashmi, M.D. and Salma Hashmi recover their costs, if any, of this appeal from appellants Nusrat P. Singh and Harjinder P. Singh.

Judgment entered this 21st day of August, 2013.

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