Veronica Fernandez and Arthur Fernandez v. Just for Show Entertainment Logistics, Inc. and Michael Todd Jones

• Court: Court of Appeals of Texas
• Decided: August 3, 2023
• Docket: 09-23-00101-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00101-CV __________________

VERONICA FERNANDEZ AND ARTHUR FERNANDEZ, Appellants

V.

JUST FOR SHOW ENTERTAINMENT LOGISTICS, INC. AND MICHAEL TODD JONES, Appellees

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On Appeal from the 457th District Court Montgomery County, Texas Trial Cause No. 21-09-13497-CV __________________________________________________________________

MEMORANDUM OPINION

The trial court signed a final summary judgment on February 28, 2023.

Appellants, Veronica Fernandez, Individually and on behalf of The Estate of

Nicholas Fernandez, and Arthur Fernandez, filed a notice of appeal on March 31,

2023. On May 1, 2023, we notified the parties that the notice of appeal had been

filed late, but with the extension time permitted by Rule 26.3, we notified Appellants

that they could request an extension of time that included a reasonable explanation

1 for the late filing of the motion. See Tex. R. App. P. 26.3. On June 20, 2023, we

reminded the Appellants that we had not received a motion for extension of time to

file the notice of appeal, and we warned Appellants that a motion for extension of

time to file the notice of appeal must be filed by June 30, 2023. We further warned

the parties that failure to establish the timely filing of a notice of appeal could result

in dismissal of the appeal for lack of jurisdiction. Appellants did not file a motion

for extension of time to file their notice of appeal, as they had been directed in the

clerk’s notice of June 20, 2023.

Appellants failed to file a motion for extension of time to file notice of appeal

or offer a reasonable explanation for the late filing of the notice of appeal. The Court

finds that the notice of appeal was not timely filed. See Tex. R. App. P. 26.1. No

motion for extension of time was filed. See Tex. R. App. P. 26.3. Appellants failed

to comply with a notice from the clerk requiring a response or other action within a

specified time. See Tex. R. App. P. 42.3(c). Accordingly, we dismiss the appeal. See

Tex. R. App. P. 42.3, 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on August 2, 2023 Opinion Delivered August 3, 2023

Before Golemon, C.J., Johnson and Wright, JJ.