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Meza v. Honorcare Home Health Inc.

Fourth Court of Appeals San Antonio, Texas
Nov 22, 2017
No. 04-17-00741-CV (Tex. App. Nov. 22, 2017)

Opinion

No. 04-17-00741-CV

11-22-2017

Edward R. MEZA Jr., Sylvia Meza, and New Braunfels Home Health, Inc. d/b/a N.B. Home Health, Appellants v. HONORCARE HOME HEALTH INC., Appellee


From the County Court At Law No. 10, Bexar County, Texas
Trial Court No. 376006
Honorable Karen Crouch, Judge Presiding

ORDER

Appellants timely filed their notice of appeal with the trial court clerk on October 4, 2017. The trial court clerk did not forward the notice of appeal to this court until November 8, 2017. On November 20, 2017, appellants filed a motion for extension of time to file their notice of appeal, apparently believing the notice was untimely based on the date it was forwarded to this court.

Rule 25.1(a) specifically states an appeal is perfected when a written notice of appeal is filed with the trial court clerk. TEX. R. APP. P. 25.1(a) (emphasis added). It is then the trial court clerk's responsibility to forward the notice of appeal to the appellate court. See id. R. 25.1(f). Because appellants' notice of appeal was timely filed with the trial court clerk, there is no need for an extension of time to file the notice of appeal. Accordingly, we DENY appellants' motion for extension of time to file the notice of appeal. The notice of appeal was timely filed, vesting this court with jurisdiction over the appeal. See id. R. 25.1(b) (stating that filing of notice of appeal invokes appellate court's jurisdiction over all parties to the judgment or order appealed from).

We order the clerk of this court to serve a copy of this order on all counsel.

/s/_________

Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of November, 2017.

/s/_________

KEITH E. HOTTLE,

Clerk of Court


Summaries of

Meza v. Honorcare Home Health Inc.

Fourth Court of Appeals San Antonio, Texas
Nov 22, 2017
No. 04-17-00741-CV (Tex. App. Nov. 22, 2017)
Case details for

Meza v. Honorcare Home Health Inc.

Case Details

Full title:Edward R. MEZA Jr., Sylvia Meza, and New Braunfels Home Health, Inc. d/b/a…

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Nov 22, 2017

Citations

No. 04-17-00741-CV (Tex. App. Nov. 22, 2017)