Opinion
No. 04-17-00419-CV
07-07-2017
Douglas HEDRICK and Mark Hedrick, Appellants v. JBRF, LCC, Lonestar Handgun, LLC, and Joshua Felker, Appellees
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CI09897
Honorable Cathleen M. Stryker, Judge Presiding
ORDER
Appellants have filed a Notice of Withdrawal of Notice of Appeal Without Prejudice and with Reservation of Rights to Re-file Notice of Appeal. We construe the notice as a motion to dismiss the appeal. See TEX. R. APP. P. 42.1(a).
Appellants state the trial court signed a judgment in the underlying cause on May 30, 2017. Because a motion for new trial was filed on June 22, 2017, appellants contend their notice of appeal was prematurely filed on June 30, 2017, because the deadline to file the notice of appeal is August 28, 2017.
When a timely motion for new trial is filed, a notice of appeal must be filed "within ninety days after the judgment is signed." TEX. R. APP. P. 26.1(a). A notice of appeal filed after the judgment is signed but before the deadline is not prematurely filed. Instead, it is timely filed before the deadline.
When this court grants a motion requesting a voluntary dismissal of an appeal, the dismissal disposes of the appeal, and costs are taxed against the appellant. See TEX. R. APP. P. 42. It is therefore ORDERED that appellants file a written response to this order no later than ten days from the date of this order clarifying whether they intended to request this court to dismiss their appeal pursuant to TEX. R. APP. P. 42.
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of July, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk