Pin Oak Funding v. R. Judd Cribbs
This text of Pin Oak Funding v. R. Judd Cribbs (Pin Oak Funding v. R. Judd Cribbs) 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.
Opinion
In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-02 -00101 -CV
PIN OAK FUNDING, Appellant
V.
R. JUDD CRIBBS, Appellee
On Appeal from the 113th Judicial District Court
Harris County, Texas
Trial Court No. 01-56975
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Ross
MEMORANDUM OPINION
Pin Oak Funding, appellant, and R. Judd Cribbs, appellee, have filed a joint motion informing this Court that they have settled this matter and no longer wish to pursue the appeal. Accordingly, pursuant to Tex. R. App. P. 42.1, their motion is granted.
The appeal is dismissed.
Donald R. Ross
Justice
Date Submitted: March 31, 2003
Date Decided: April 1, 2003
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On Appeal from the 102nd Judicial District Court
Red River County, Texas
Trial Court No. 76-CR-10-99
Memorandum Opinion by Chief Justice Morriss
Benjamin Wayne McCoin has filed a document with this Court which constitutes an attempt to appeal from his conviction. Although the language he used could refer to a number of legal remedies, the document constitutes, in effect, a brief arguing that the 102nd Judicial District Court entered an unlawful sentence and asks this Court to order the attorney general's office to file a brief and to then review his conviction. We will treat the document as a notice of appeal.
The information which McCoin has provided demonstrates he is attempting to again appeal from the conviction which this Court reviewed in McCoin v. State, 56 S.W.3d 609 (Tex. App.—Texarkana 2001, no pet.).
Deeming this as a notice of appeal, it is far outside the ninety day time period during which a notice of appeal may be filed. See Tex. R. App. P. 26.2(a). Accordingly, we have no jurisdiction over the attempted appeal.
We dismiss the appeal for want of jurisdiction.
Josh R. Morriss, III
Chief Justice
Date Submitted: January 6, 2004
Date Decided: January 7, 2004
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