Opinion
No. 04-15-00676-CV
01-29-2016
Jose GEORGE, Matilde D. George, and Elaine George, Appellants v. Jose Alberto GEORGE and Compass Bank, Appellee
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CI-03773
Honorable Dick Alcala, Judge Presiding
ORDER
In this appeal, appellee Compass Bank filed a motion to dismiss the appeal for want of jurisdiction. Compass Bank argues this courts lacks jurisdiction to hear this appeal because the notice of appeal was not timely filed. It insists that under Philbrook v. Berry, 683 S.W.2d 378 (Tex. 1985), Appellants' post-judgment motion to modify the judgment and other orders, which was filed in the original cause, did not extend the appellate deadline to file a notice of appeal in the severed cause. In their response, Appellants argue that Philbrook is inapt. In its reply, Compass Bank reiterates Philbrook's applicability.
Compass Bank's motion to dismiss will be carried with the appeal; the submission panel will decide the question and issue an appropriate opinion and order or judgment.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of January, 2016.
/s/_________
Keith E. Hottle
Clerk of Court