Rusk Energy, Ltd. and Chalker Energy Management II, LLC v. Kim R. Smith Logging

Court of Appeals of Texas

Rusk Energy, Ltd. and Chalker Energy Management II, LLC v. Kim R. Smith Logging

DecidedMay 2, 2007

Docket12-07-00141-CV

StatusPublished

This text of Rusk Energy, Ltd. and Chalker Energy Management II, LLC v. Kim R. Smith Logging (Rusk Energy, Ltd. and Chalker Energy Management II, LLC v. Kim R. Smith Logging) 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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Rusk Energy, Ltd. and Chalker Energy Management II, LLC v. Kim R. Smith Logging, (Tex. Ct. App. 2007).

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Opinion

NO. 12-07-00141-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

RUSK ENERGY, LTD. AND

CHALKER ENERGY § APPEAL FROM THE FOURTH

MANAGEMENT, II, L.L.C.

APPELLANTS

V. § JUDICIAL DISTRICT COURT OF

KIM R. SMITH LOGGING,

APPELLEE § RUSK COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of jurisdiction pursuant to Texas Rule of Appellate Procedure 42.3(a). Appellant filed a notice of appeal from an order dissolving a temporary restraining order signed by the trial court on December 15, 2006. Under rule of appellate procedure 26.1(a), unless Appellant timely filed a postjudgment motion that extended the appellate deadlines, its notice of appeal was due to have been filed “within 30 days after the [order was] signed,”i.e., January 15, 2007. Appellant did not file a postjudgment motion that extended the appellate deadlines. Moreover, Appellant did not file a motion for extension of time to file its notice of appeal. See Tex. R. App. P. 26.3. Consequently, the time for perfecting Appellant’s appeal was not extended. Tex. R. App. P. 26.1(a). Appellant filed its notice of appeal on March 30, 2007. Because the notice of appeal was not filed on or before January 15, 2007, this court has no jurisdiction to consider the appeal.

On April 13, 2007, this court notified Appellant pursuant to Texas Rule of Appellate Procedure 42.3(a) that its notice of appeal was untimely. Appellant was further informed that unless the record was amended on or before April 23, 2007 to establish the jurisdiction of this court, the appeal would be dismissed. The deadline has now expired, and Appellant has neither responded to our notice or shown the jurisdiction of this court.

Because this court is not authorized to extend the time for perfecting an appeal except as provided by Texas Rules of Appellate Procedure 26.1 and 26.3, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

Opinion delivered May 2, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)

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NO. 12-07-00141-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

RUSK ENERGY, LTD. AND

CHALKER ENERGY § APPEAL FROM THE FOURTH

MANAGEMENT, II, L.L.C.

APPELLANTS

V. § JUDICIAL DISTRICT COURT OF

KIM R. SMITH LOGGING,

APPELLEE § RUSK COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of jurisdiction pursuant to Texas Rule of Appellate Procedure 42.3(a). Appellant filed a notice of appeal from an order dissolving a temporary restraining order signed by the trial court on December 15, 2006. Under rule of appellate procedure 26.1(a), unless Appellant timely filed a postjudgment motion that extended the appellate deadlines, its notice of appeal was due to have been filed “within 30 days after the [order was] signed,”i.e., January 15, 2007. Appellant did not file a postjudgment motion that extended the appellate deadlines. Moreover, Appellant did not file a motion for extension of time to file its notice of appeal. See Tex. R. App. P. 26.3. Consequently, the time for perfecting Appellant’s appeal was not extended. Tex. R. App. P. 26.1(a). Appellant filed its notice of appeal on March 30, 2007. Because the notice of appeal was not filed on or before January 15, 2007, this court has no jurisdiction to consider the appeal.

On April 13, 2007, this court notified Appellant pursuant to Texas Rule of Appellate Procedure 42.3(a) that its notice of appeal was untimely. Appellant was further informed that unless the record was amended on or before April 23, 2007 to establish the jurisdiction of this court, the appeal would be dismissed. The deadline has now expired, and Appellant has neither responded to our notice or shown the jurisdiction of this court.

Because this court is not authorized to extend the time for perfecting an appeal except as provided by Texas Rules of Appellate Procedure 26.1 and 26.3, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

Opinion delivered May 2, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)

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Rusk Energy, Ltd. and Chalker Energy Management II, LLC v. Kim R. Smith Logging, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rusk-energy-ltd-and-chalker-energy-management-ii-l-texapp-2007.