Paul Piere, III v. Mary Piere and Valerie C. Piere

















In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana



______________________________

No. 06-02-00109-CV

______________________________



PAUL PIERE, III, Appellant

V.

MARY PIERE AND VALERIE C. PIERE, Appellees




On Appeal from the 165th Judicial District Court

Harris County, Texas

Trial Court No. 2000-48967








Before Morriss, C.J., Grant and Ross, JJ.

Opinion by Chief Justice Morriss

O P I N I O N

Paul Piere, III, appeals the dismissal of his suit against Mary Piere and Valerie C. Piere. Paul sued Mary and Valerie, his sisters, alleging causes of action for fraud, conspiracy, and intentional infliction of emotional distress arising from the disposition of the estate of their father, Paul Piere, Jr.

On April 1, 2002, the trial court signed an order dismissing the suit with prejudice, making Paul's notice of appeal due by May 1, 2002. (1) See Tex. R. App. P. 26.1. Paul filed his notice of appeal on June 10, 2002. Because the notice of appeal was not timely filed, this Court is without jurisdiction over the appeal.

The appeal is dismissed for want of jurisdiction.



Josh R. Morriss, III

Chief Justice



Date Submitted: September 4, 2002

Date Decided: September 5, 2002



Do Not Publish

1. Had Paul filed a timely motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusions of law, the notice of appeal deadline would have been July 1, 2002. See Tex. R. App. P. 4.1(b); Tex. R. App. P. 26.1(a). No such motion is contained in the clerk's record.

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                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

 

                                                ______________________________

 

                                                             No. 06-10-00043-CR

                                                ______________________________

 

 

                              CALVIN WAYNE BURNHAM, Appellant

 

                                                                V.

 

                                     THE STATE OF TEXAS, Appellee

 

 

                                                                                                  

 

 

                                       On Appeal from the 123rd Judicial District Court

                                                             Panola County, Texas

                                                       Trial Court No. 2005-C-0006

 

                                                                                                   

 

 

 

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                        Memorandum Opinion by Chief Justice Morriss


                                                      MEMORANDUM OPINION

 

            Calvin Wayne Burnham appeals from his convictions by the trial court on four charges of aggravated sexual assault of a child and four charges of indecency with a child.  Burnham has filed a single brief, in which he raises issues common to all of his appeals.[1]  He argues that the trial court committed reversible error in considering evidence from a previous revocation hearing when granting the State’s second amended motion to adjudicate guilt and in admitting the results of a polygraph examination.  Burnham also complains that the evidence was insufficient to establish that he violated any conditions of his community supervision.

            We addressed these issues in detail in our opinion of this date on Burnham’s appeal in cause number 06-10-00038-CR.  For the reasons stated therein, we likewise conclude that reversible error has not been shown in this case.

            We affirm the trial court’s judgment.

                                   

 

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

 

Date Submitted:          December 14, 2010

Date Decided:             December 15, 2010

 

Do Not Publish          

 

 

 

 

 



[1]Burnham appeals from four convictions for aggravated sexual assault of a child and four convictions for indecency with a child, cause numbers 06-10-00038-CR through 06-10-00045-CR.