Opinion
No. 04-19-00406-CV
12-18-2019
Richard A. CONTRERAS, the owner heir to Los Ojuelos Ranch, Abst. #1393-Sur. #592, Ind., Appellants v. Enrique BENAVIDES, et. al.; Leroy & Lavada Jones; Jean Shell, Trust; Huisache Land & Minerals, Ltd.; Guillermo Salinas & CAAMR Invest Janice Hinds-Ind.; Los Ojuelos Ranch Partnership; Diana Peacock, Mgr.; Killam Ranch Properties, Ltd., Appellees
COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICT CADENA-REEVES JUSTICE CENTER SANDEE BRYAN MARION CHIEF JUSTICE
REBECA C. MARTINEZ PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA IRENE RIOS BETH WATKINS LIZA A. RODRIGUEZ JUSTICES Stephen Ahl
Langley & Banack, Inc.
745 E. Mulberry Avenue, Suite 900
San Antonio, TX 78212-3141
* DELIVERED VIA E-MAIL * Jonathan Cunningham
Fidelity National Law Group
5151 Beltline Road
Suite 410
Dallas, TX 75254
* DELIVERED VIA E-MAIL * Richard E. Sames
Sames and Werstak, L.L.P.
6721 McPherson, Suite 360
Laredo, TX 78041
* DELIVERED VIA E-MAIL * Richard Contreras
3402 Brawner Pkwy
Corpus Christi, TX 78411 Carlos David Castillon
Freeman & Castillon
1620 Santa Ursula, Suite 2
Laredo, TX 78040-3864
* DELIVERED VIA E-MAIL * Donato David Ramos
Law Offices Of Donato D. Ramos
P.L.L.C.
6721 McPherson Rd Ste 350
Laredo, TX 78041-6404
* DELIVERED VIA E-MAIL * Edward F. Maddox
Benavides Maddox, PC
1015 Scott Street
Laredo, TX 78040
* DELIVERED VIA E-MAIL * Catrina Purcell Longoria
Langley & Banack, Inc.
P.O. Drawer 218
105 N. 4th St., Petry Bldg.
Carrizo Springs, TX 78834
* DELIVERED VIA E-MAIL * Richard G. Morales, Jr.
Person, Whitworth, Borchers &
Morales, L.L.P.
602 East Calton Road
Laredo, TX 78041
* DELIVERED VIA E-MAIL * Ronald Rodriguez
Law Office of Ronald Rodriguez
915 Victoria Street
Laredo, TX 78040
* DELIVERED VIA E-MAIL * Raul Leal
Raul Leal Incorporated
PO Box 452267
Laredo, TX 78045
* DELIVERED VIA E-MAIL *
Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me.
Very truly yours,
MICHAEL A. CRUZ,
Clerk of Court
/s/_________
Cecilia Phillips
Deputy Clerk, Ext. 5-3221 cc: Esther Degollado (DELIVERED VIA E-MAIL)
David J. Laurel (DELIVERED VIA E-MAIL)
Gregory T. Brewer (DELIVERED VIA E-MAIL)
Michael Keller (DELIVERED VIA E-MAIL) From the 406th Judicial District Court, Webb County, Texas
Trial Court No. 2014CV7002684-D4
Honorable Oscar J. Hale, Jr., Judge Presiding
ORDER
Sitting: Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice
On August 14, 2019, we dismissed this appeal for want of prosecution because appellant had failed to take the necessary steps to ensure that the clerk's record was filed. See TEX. R. APP. P. 37.3(b) (allowing dismissal of appeal if clerk's record is not filed due to appellant's fault); see also TEX. R. APP. P. 42.3(c) (allowing dismissal of appeal if appellant fails to comply with an order of the appellate court). Thereafter, on August 29, 2019, appellant filed a motion for extension of time to file a motion for rehearing, which we denied on September 4, 2019.
On October 3, 2019, appellant filed two documents: a notice of appeal and an appellant's brief. In the notice of appeal, appellant states his desire to "re-file" his "Notice of Appeal[]." Appellant appears to be pursuing this appeal even though it has been dismissed for want of prosecution. No authority allows appellant to pursue this appeal at this point. Additionally, on October 4, 2019, the clerk's record was filed. It shows the trial court's judgment was signed on June 27, 2018. Because appellant's recent notice of appeal was not filed until October 3, 2019, more than a year after the judgment was signed, it was untimely and we have no jurisdiction over it. See TEX. R. APP. P. 26.1 (providing that generally a notice of appeal must be filed within thirty days after the judgment is signed). Accordingly, appellant's October 3, 2019 notice of appeal and brief are DISMISSED FOR LACK OF JURISDICTION.
Because we now have the benefit of the clerk's record, we note that appellant's initial notice of appeal was untimely. Therefore, even if we had not dismissed appellant's initial appeal for want of prosecution, we would have dismissed it for lack of jurisdiction.
Appellant also filed a letter requesting the return of the documents he filed in this appeal. Appellant is advised that copies of the documents he filed in this appeal may be obtained by requesting them from the Clerk of this Court and paying the required fees.
It is so ORDERED on this 18th day of December, 2019.
PER CURIAM
ATTESTED TO: /s/_________
MICHAEL A. CRUZ,
Clerk of Court
MINUTES
On August 14, 2019, we dismissed this appeal for want of prosecution because appellant had failed to take the necessary steps to ensure that the clerk's record was filed. See TEX. R. APP. P. 37.3(b) (allowing dismissal of appeal if clerk's record is not filed due to appellant's fault); see also TEX. R. APP. P. 42.3(c) (allowing dismissal of appeal if appellant fails to comply with an order of the appellate court). Thereafter, on August 29, 2019, appellant filed a motion for extension of time to file a motion for rehearing, which we denied on September 4, 2019.
On October 3, 2019, appellant filed two documents: a notice of appeal and an appellant's brief. In the notice of appeal, appellant states his desire to "re-file" his "Notice of Appeal[]." Appellant appears to be pursuing this appeal even though it has been dismissed for want of prosecution. No authority allows appellant to pursue this appeal at this point. Additionally, on October 4, 2019, the clerk's record was filed. It shows the trial court's judgment was signed on June 27, 2018. Because appellant's recent notice of appeal was not filed until October 3, 2019, more than a year after the judgment was signed, it was untimely and we have no jurisdiction over it. See TEX. R. APP. P. 26.1 (providing that generally a notice of appeal must be filed within thirty days after the judgment is signed). Accordingly, appellant's October 3, 2019 notice of appeal and brief are DISMISSED FOR LACK OF JURISDICTION.
Because we now have the benefit of the clerk's record, we note that appellant's initial notice of appeal was untimely. Therefore, even if we had not dismissed appellant's initial appeal for want of prosecution, we would have dismissed it for lack of jurisdiction.
Appellant also filed a letter requesting the return of the documents he filed in this appeal. Appellant is advised that copies of the documents he filed in this appeal may be obtained by requesting them from the Clerk of this Court and paying the required fees.
It is so ORDERED on this 18th day of December, 2019.
PER CURIAM
ATTESTED TO: /s/ Michael A. Cruz
MICHAEL A. CRUZ,
Clerk of Court ENTERED THIS 18TH DAY OF DECEMBER, 2019.