DISMISS; and Opinion Filed August 21, 2013.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00897-CV
NUSRAT P. SINGH AND HARJINDER P. SINGH, Appellants
V.
HASAN F. HASHMI, M.D. AND SALMA HASHMI, Appellees
On Appeal from the County Court at Law No. 1
Dallas County, Texas
Trial Court Cause No. CC-09-06762-A
MEMORANDUM OPINION
Before Justices FitzGerald, Francis, and Lewis
Opinion by Justice Lewis
This appeal from the trial court’s February 20, 2013 final judgment was filed June 27,
2013. Appellants Nusrat P. Singh and Harjinder P. Singh timely filed a request for findings of
fact and conclusions of law, making the deadline for filing the notice of appeal May 21, 2013, or
with a timely extension motion, June 5, 2013. See TEX. R. APP. P. 26.1(a)(1), 26.3. Because the
notice of appeal on its face appeared untimely, we directed appellants, by letter dated July 24,
2013, to file a letter brief addressing our jurisdiction over the appeal. That same day, appellees
Hasan F. Hashmi, M.D. and Salma Hashmi, filed a motion to dismiss the appeal for lack of
jurisdiction. Although more than ten days have passed since our letter and the filing of
appellees’ motion, appellants have not responded or otherwise communicated with the Court.
Our jurisdiction is invoked upon the timely filing of a notice of appeal. See TEX. R. APP.
P. 25.1(b); Garza v. Hibernia Nat’l Bank, 227 S.W.3d 233, 233 (Tex. App.—Houston [1st Dist.]
2007, no pet.). Appellants’ notice of appeal, filed beyond the deadline set forth by the appellate
rules, fails to invoke our jurisdiction. Accordingly, we grant appellees’ motion and dismiss the
appeal. See TEX. R. APP. P. 42.3(a).
/David Lewis/
DAVID LEWIS
JUSTICE
130897F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
NUSRAT P. SINGH AND HARJINDER P. On Appeal from the County Court at Law
SINGH, Appellants No. 1, Dallas County, Texas
Trial Court Cause No. CC-09-06762-A.
No. 05-13-00897-CV V. Opinion delivered by Justice Lewis. Justices
FitzGerald and Francis participating.
HASAN F. HASHMI, M.D. AND SALMA
HASHMI, Appellees
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellees Hasan F. Hashmi, M.D. and Salma Hashmi recover their
costs, if any, of this appeal from appellants Nusrat P. Singh and Harjinder P. Singh.
Judgment entered this 21st day of August, 2013.
/David Lewis/
DAVID LEWIS
JUSTICE
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