Steve McDaniel and Ginger McDaniel v. Larry Miller, as Judge of the Municipal Court Sherrill Johnson, as Court Administrator And Matthew C.G. Boyle, as Town Attorney for the Municipal Court of the Town of Argyle, Texas

Court of Appeals of Texas

Steve McDaniel and Ginger McDaniel v. Larry Miller, as Judge of the Municipal Court Sherrill Johnson, as Court Administrator And Matthew C.G. Boyle, as Town Attorney for the Municipal Court of the Town of Argyle, Texas

Court of Appeals of Texas·Decided March 21, 2013·No. 02-13-00018-CV·Published

Opinion

02-13-018-CV

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-13-00018-CV

Steve McDaniel and Ginger McDaniel

v.

Larry Miller, as judge of the Municipal Court; Sherrill Johnson, as Court Administrator; and Matthew C.G. Boyle, as Town Attorney for the Municipal Court of the Town of Argyle, Texas

§

From the 16th District Court

of Denton County (2012-10603-16)

March 21, 2013

Per Curiam

JUDGMENT

This court has considered the record on appeal in this case and holds that the appeal should be dismissed. It is ordered that the appeal is dismissed for want of jurisdiction.

SECOND DISTRICT COURT OF APPEALS

PER CURIAM

Steve McDaniel and Ginger McDaniel		APPELLANTS

Larry Miller, as judge of the Municipal Court; Sherrill Johnson, as Court Administrator; and Matthew C.G. Boyle, as Town Attorney for the Municipal Court of the Town of Argyle, Texas		APPELLEES

----------

FROM THE 16th District Court OF Denton COUNTY

MEMORANDUM OPINION[1]

Appellants Steve McDaniel and Ginger McDaniel attempt to appeal from an order granting a plea to the jurisdiction. The trial court granted the plea on September 27, 2012, and Appellants filed a motion to reinstate on October 30, 2012; Appellants’ notice of appeal was therefore due December 26, 2012, but was not filed until January 11, 2013.[2] See Tex. R. App. P. 26.1(a)(3). We notified Appellants of our concern that we lack jurisdiction over this appeal because the notice of appeal was not timely filed, and we informed them that the appeal would be dismissed unless they, or any party desiring to continue the appeal, filed with the court, on or before February 8, 2013, a response showing grounds for continuing the appeal. We have not received a response. Therefore, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).

PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.

DELIVERED: March 21, 2013

[1]See Tex. R. App. P. 47.4.

[2]Appellants appear to have complied with rule of civil procedure 5 in filing their motion to reinstate. See Tex. R. Civ. P. 5.

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02-13-018-CV

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-13-00018-CV

Steve McDaniel and Ginger McDaniel

v.

Larry Miller, as judge of the Municipal Court; Sherrill Johnson, as Court Administrator; and Matthew C.G. Boyle, as Town Attorney for the Municipal Court of the Town of Argyle, Texas

§

From the 16th District Court

of Denton County (2012-10603-16)

March 21, 2013

Per Curiam

JUDGMENT

This court has considered the record on appeal in this case and holds that the appeal should be dismissed. It is ordered that the appeal is dismissed for want of jurisdiction.

SECOND DISTRICT COURT OF APPEALS

PER CURIAM

Steve McDaniel and Ginger McDaniel		APPELLANTS

Larry Miller, as judge of the Municipal Court; Sherrill Johnson, as Court Administrator; and Matthew C.G. Boyle, as Town Attorney for the Municipal Court of the Town of Argyle, Texas		APPELLEES

----------

FROM THE 16th District Court OF Denton COUNTY

MEMORANDUM OPINION[1]

Appellants Steve McDaniel and Ginger McDaniel attempt to appeal from an order granting a plea to the jurisdiction. The trial court granted the plea on September 27, 2012, and Appellants filed a motion to reinstate on October 30, 2012; Appellants’ notice of appeal was therefore due December 26, 2012, but was not filed until January 11, 2013.[2] See Tex. R. App. P. 26.1(a)(3). We notified Appellants of our concern that we lack jurisdiction over this appeal because the notice of appeal was not timely filed, and we informed them that the appeal would be dismissed unless they, or any party desiring to continue the appeal, filed with the court, on or before February 8, 2013, a response showing grounds for continuing the appeal. We have not received a response. Therefore, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).

PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.

DELIVERED: March 21, 2013

[1]See Tex. R. App. P. 47.4.

[2]Appellants appear to have complied with rule of civil procedure 5 in filing their motion to reinstate. See Tex. R. Civ. P. 5.

Steve McDaniel and Ginger McDaniel v. Larry Miller, as Judge of the Municipal Court Sherrill Johnson, as Court Administrator And Matthew C.G. Boyle, as Town Attorney for the Municipal Court of the Town of Argyle, Texas, (Tex. Ct. App. 2013).

Pincite

Steve McDaniel and Ginger McDaniel v. Larry Miller, as Judge of the Municipal Court Sherrill Johnson, as Court Administrator And Matthew C.G. Boyle, as Town Attorney for the Municipal Court of the Town of Argyle, Texas (Steve McDaniel and Ginger McDaniel v. Larry Miller, as Judge of the Municipal Court Sherrill Johnson, as Court Administrator And Matthew C.G. Boyle, as Town Attorney for the Municipal Court of the Town of Argyle, Texas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.