Troy Stevens D/B/A Real Estate Workshop, Cory Wadsworth and MJ Augie Bove v. Cory Smith

Court of Appeals of Texas

Troy Stevens D/B/A Real Estate Workshop, Cory Wadsworth and MJ Augie Bove v. Cory Smith

DecidedMay 25, 2021

Docket04-21-00105-CV

StatusPublished

This text of Troy Stevens D/B/A Real Estate Workshop, Cory Wadsworth and MJ Augie Bove v. Cory Smith (Troy Stevens D/B/A Real Estate Workshop, Cory Wadsworth and MJ Augie Bove v. Cory Smith) 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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Troy Stevens D/B/A Real Estate Workshop, Cory Wadsworth and MJ Augie Bove v. Cory Smith, (Tex. Ct. App. 2021).

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Opinion

Fourth Court of Appeals San Antonio, Texas May 25, 2021

No. 04-21-00105-CV

Troy STEVENS d/b/a Real Estate Workshop, Cory Wadsworth and MJ Augie Bove, Appellants

v.

Cory SMITH, Appellee

From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2019CV09409 Honorable David J. Rodriguez, Judge Presiding

ORDER

“A timely notice of appeal is necessary to invoke this court’s jurisdiction.” In re L.R.S., No. 04-20-00507-CV, 2020 WL 7365444, at *1 (Tex. App.—San Antonio Dec. 16, 2020, no pet.) (mem. op.). Here, the trial court signed a final judgment on December 14, 2020. Because appellants did not timely file a motion for new trial, motion to modify the judgment, motion for reinstatement, or request for findings of fact and conclusions of law, the notice of appeal was due to be filed on January 13, 2021. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on January 28, 2021. See TEX. R. APP. P. 26.3. However, appellants did not file their notice of appeal until March 15, 2021. Appellants did not file a motion for extension of time to file their notice of appeal.

We, therefore, ORDER appellants, on or before June 15, 2021, to show cause in writing why this appeal should not be dismissed for lack of jurisdiction.

All appellate deadlines are suspended pending our determination of appellate jurisdiction. Appellants’ motion for extension of time to file their brief is HELD IN ABEYANCE.

_________________________________ Irene Rios, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of May, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas May 25, 2021

No. 04-21-00105-CV

Troy STEVENS d/b/a Real Estate Workshop, Cory Wadsworth and MJ Augie Bove, Appellants

v.

Cory SMITH, Appellee

From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2019CV09409 Honorable David J. Rodriguez, Judge Presiding

ORDER

“A timely notice of appeal is necessary to invoke this court’s jurisdiction.” In re L.R.S., No. 04-20-00507-CV, 2020 WL 7365444, at *1 (Tex. App.—San Antonio Dec. 16, 2020, no pet.) (mem. op.). Here, the trial court signed a final judgment on December 14, 2020. Because appellants did not timely file a motion for new trial, motion to modify the judgment, motion for reinstatement, or request for findings of fact and conclusions of law, the notice of appeal was due to be filed on January 13, 2021. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on January 28, 2021. See TEX. R. APP. P. 26.3. However, appellants did not file their notice of appeal until March 15, 2021. Appellants did not file a motion for extension of time to file their notice of appeal.

We, therefore, ORDER appellants, on or before June 15, 2021, to show cause in writing why this appeal should not be dismissed for lack of jurisdiction.

All appellate deadlines are suspended pending our determination of appellate jurisdiction. Appellants’ motion for extension of time to file their brief is HELD IN ABEYANCE.

_________________________________ Irene Rios, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of May, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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Troy Stevens D/B/A Real Estate Workshop, Cory Wadsworth and MJ Augie Bove v. Cory Smith, Counsel Stack Legal Research, https://law.counselstack.com/opinion/troy-stevens-dba-real-estate-workshop-cory-wadsworth-and-mj-augie-bove-texapp-2021.