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James Pres. Tr. v. Burley

Court of Appeals of Texas, Fourth District, San Antonio
Nov 23, 2021
No. 04-21-00407-CV (Tex. App. Nov. 23, 2021)

Opinion

04-21-00407-CV

11-23-2021

JAMES PRESERVATION TRUST, Eric F. James d/b/a Stray Leaves, Leaves of Gas, Appellants v. Rob BURLEY, Burley Auction Group, Inc., Lois Gibson, and Terry Verburgt, Appellees


From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 19-0136-CV-A Honorable Jessica Crawford, Judge Presiding.

ORDER

Beth Watkins, Justice.

Appellants seek to appeal an order granting a motion for summary judgment. This order does not appear to dispose of all claims between the parties, and no severance order appears in the record. An order that does not dispose of all parties and causes of action is not final and appealable. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Ne. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966).

Additionally, assuming arguendo the summary judgment order is final, it was signed on May 19, 2021. Because appellants timely filed a motion for new trial, the notice of appeal was due by August 17, 2021. See Tex. R. App. P. 26.1(a). A motion for extension of time to file the notice of appeal was due by September 1, 2021. See Tex. R. App. P. 26.3. Appellants filed their notice of appeal on September 15, 2021. Appellants filed a motion for extension on November 8, 2021. "[O]nce the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court's jurisdiction." See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26).

We ORDER appellants to show cause why this appeal should not be dismissed for lack of jurisdiction by December 3, 2021. Appellants' response must address both defects identified above. If appellants fail to satisfactorily respond to this order by the date ordered, this appeal will be dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3. All other appellate deadlines are suspended until further order of this court.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of November, 2021.


Summaries of

James Pres. Tr. v. Burley

Court of Appeals of Texas, Fourth District, San Antonio
Nov 23, 2021
No. 04-21-00407-CV (Tex. App. Nov. 23, 2021)
Case details for

James Pres. Tr. v. Burley

Case Details

Full title:JAMES PRESERVATION TRUST, Eric F. James d/b/a Stray Leaves, Leaves of Gas…

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Nov 23, 2021

Citations

No. 04-21-00407-CV (Tex. App. Nov. 23, 2021)