Tracey Handsome and Debra Handsome v. U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust
This text of Tracey Handsome and Debra Handsome v. U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust (Tracey Handsome and Debra Handsome v. U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust) 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
DISMISS and Opinion Filed April 26, 2017
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00069-CV
TRACEY HANDSOME AND DEBRA HANDSOME, Appellants V. U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF8 MASTER PARTICIPATION TRUST, Appellee
On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-16-05344-D
MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright By letter dated March 7, 2017 the Court questioned its jurisdiction over this appeal
because the notice of appeal was untimely. The notice of appeal was, however, filed within
fifteen days of the deadline. For this reason, we informed appellants that they could remedy the
timeliness problem by filing, by March 17, 2017, a motion for extension of time to file the notice
of appeal. See Tex. R. App. P. 26.3. We cautioned appellants that failure to file an extension
motion by the specified date may result in dismissal of the appeal for want of jurisdiction without
further notice. As of today’s date, appellants have not filed an extension motion.
Absent a timely post-judgment motion extending the appellate timetable, a notice of
appeal is due thirty days after the date the judgment is signed or, with an extension motion, forty- five days after the date the judgment is signed. See Tex. R. App. P. 26.1, 26.3. Without a timely
filed notice of appeal, this Court lacks jurisdiction. See Tex. R. App. P. 25.1(b).
The trial court signed the judgment on November 11, 2016. Appellants did not file a
timely post-judgment motion extending the appellate timetable. Accordingly, the notice of
appeal was due on Monday, December 12, 2016. See Tex. R. App. P. 4.1(a), 26.1. Appellants
filed a notice of appeal on December 27, 2016.
Appellants failed to file a timely notice of appeal or seek an extension of time.
Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).
/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE
170069F.P05
–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT
TRACEY HANDSOME AND DEBRA On Appeal from the County Court at Law HANDSOME, Appellants No. 4, Dallas County, Texas Trial Court Cause No. CC-16-05344-D. No. 05-17-00069-CV V. Opinion delivered by Chief Justice Wright, Justices Lang-Miers and Stoddart U.S. BANK TRUST, N.A., AS TRUSTEE participating. FOR LSF8 MASTER PARTICIPATION TRUST, Appellee
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF8 MASTER PARTICIPATION TRUST recover the costs of this appeal from appellants TRACEY HANDSOME AND DEBRA HANDSOME.
Judgment entered April 26, 2017.
–3–
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