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SK Plymouth, LLC v. Simmons

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Aug 20, 2019
Appellate case number: 01-19-00433-CV (Tex. App. Aug. 20, 2019)

Opinion

Appellate case number: 01-19-00433-CV

08-20-2019

SK Plymouth, LLC and SK E&P Operations America, LLC and Joey Jun v. Jean Elizabeth Simmons


ORDER Trial court case number: 2019-03233 Trial court: 189th District Court of Harris County

Appellants SK Plymouth, LLC, SK E&P Operations America, LLC, and Joey Jun are attempting to appeal an order denying their motion to compel arbitration. An interlocutory order denying a motion to compel arbitration is an appealable order. See TEX. CIV. PRAC. & REM. CODE § 171.098(a) (arbitration agreement under the Texas Arbitration Act § 51.016 (arbitration agreement under the Federal Arbitration Act). The notice of appeal for an accelerated appeal is due 20 days after the order is signed. See TEX. R. APP. P. 26.1(b).

The order denying appellants' motion to compel arbitration was signed on May 16, 2019. Appellants did not file their notice of appeal until June 10, 2019, more than 20 days after the order was signed. Although an extension of time is implied if the notice of appeal is filed within 15 days of the deadline, appellants must file a motion explaining the reason for the delay in filing the notice of appeal. See TEX. R. APP. P. 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617(Tex. 1997). If the notice of appeal is not timely filed, the appellate court lacks jurisdiction over the appeal. See TEX. R. APP. P. 25.1(b).

Accordingly, the Court may dismiss this appeal for lack of jurisdiction unless appellants file within 10 days of the date of this order a motion to extend time to file the notice of appeal explaining the reason for the delay in filing the notice of appeal.

It is so ORDERED. Judge's signature: /s/ Richard Hightower

[v] Acting individually [ ] Acting for the Court Date: August 20, 2019


Summaries of

SK Plymouth, LLC v. Simmons

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Aug 20, 2019
Appellate case number: 01-19-00433-CV (Tex. App. Aug. 20, 2019)
Case details for

SK Plymouth, LLC v. Simmons

Case Details

Full title:SK Plymouth, LLC and SK E&P Operations America, LLC and Joey Jun v. Jean…

Court:COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

Date published: Aug 20, 2019

Citations

Appellate case number: 01-19-00433-CV (Tex. App. Aug. 20, 2019)