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

CourtCourt of Appeals of Texas
DecidedMarch 21, 2013
Docket02-13-00018-CV
StatusPublished

This text of 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) 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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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).

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-13-00018-CV

Steve McDaniel and Ginger § From the 16th District Court McDaniel § v. of Denton County (2012-10603-16) § Larry Miller, as judge of the Municipal Court; Sherrill Johnson, as § Court Administrator; and Matthew March 21, 2013 C.G. Boyle, as Town Attorney for the § Municipal Court of the Town of Argyle, Texas § 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 COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

STEVE MCDANIEL AND GINGER APPELLANTS MCDANIEL

V.

LARRY MILLER, AS JUDGE OF APPELLEES 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

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FROM THE 16TH DISTRICT COURT OF DENTON COUNTY

MEMORANDUM OPINION1

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

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

2 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).

PER CURIAM

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

DELIVERED: March 21, 2013

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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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, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steve-mcdaniel-and-ginger-mcdaniel-v-larry-miller-as-judge-of-the-texapp-2013.