DISMISS: Opinion issued November 27, 2012
In The
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No. 05-12-01 062-C V
PINEY WOODS VENTURES, LLC, ET AL, Appellants
oSCAR CHAHINE, ET AL., Appellees
On Appeal from the 86th Judicial District Court
Kaufman County, Texas
Trial Court Cause No. 74339-86
MEMORANDUM OPINION
Before Justices Bridges, O’Neill, and Murphy
Opinion By Justice O’Neill
By letter dated September 27, 2012, the Court sent appellants a letter questioning its
jurisdiction over the appeal. Specifically, it appears the notice of appeal was untimely. The Court
requested that appellants file, within ten days, a jurisdictional brief explaining how this Court has
jurisdiction over the appeal. As of today’s date, appellant has not filed a jurisdictional brief:
In the absence of a postjudgment motion extending the appellate timetable, a notice of appeal
is due thirty days after the date the judgment is signed. See TEx. R. APP. P. 26.1. A motion for new trial
will extend the appellate timetable if it is filed within thirty days after the date the judgment is signed.
See TEx. R. Civ. P. 329b(a).
The trial court signed the judgment on April 30, 201 2. A motion Ibr new trial was due on or
hethre May 30. 2012. Appellants filed their motion for new trial on May 31, 2012, one day past the
deadline) Because appellants’ motion for new trial was untimely filed, the notice of appeal was due on
May 30, 2012. Appellants tiled their notice of appeal on August 1,2012. Without a timely filed notice
of appeal, this Court lacks jurisdiction .See Ttx. R. App, P. 25.1(h). Accordingly, we dismiss the
appeal. See Tiix. R. App. P. 42.3(a) & (c).
I
JUSTICE
121062F.P05
By letter dated August 31, 2012, the Court gave appellants an opportunity to provide the Court with proofofseiee that the motion for
new trial was served on or before May 30, 2012 See SEX. R. Civ. P. 21 a. The Court did not receive any response from appellants.
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JUDGMENT
PINEY WOO1)S VENTURES, LLC. Appeal from the 86th Judicial District Court
CAMERON CRAVEY, KIMBERLY of Dallas County, Texas. (ThCLNo. 74339
CRAVEY, THE ASHLEY CLAIRE 86).
CRAVEY, ALEXIS CHLOE CRAVEY, AND Opinion delivered by Justice O’Neill, Justices
JOHN CAMERON CRAVEY SPECIAL Bridges and Murphy, participating.
TRUST, Appellants
No, 05-i2O1O62-CV V.
OSCAR CHAHINE, RICK COCHRAN.
RONALD ( OOKSL’’ JEFI RE
DREVNIAN IORRAINL Ci FORMLF
C:HARLES GALl AGHER. MICHAEL
GEBHARDT TRUST, ROBERT HAWLEY.
DOUG HUMPHREY, GAIL JOHNSON, JiM
JORDAN. MARK LANDMADE.
CHRISTINI L OPLZ-RINCON ART LOWE
THOMAS LUTZ, EDWARI) M1TTELMAN,
MIKE MOORL LDWARD MURPFIY
MICHAEL NORTON GEORGE SCHMID F
EDWARD TALARSKJ, AND BEVERLY
WANKE, Appellees
Based on the Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees, Oscar Chahine, Rick Cochran, Ronald Cooksey, Jeffrey
Drewniany, Lorraine Ci. Formet, Charles Gallagher, Michael Gebhardt Trust, Robert Hawley, Doug
Humphrey, Gail Johnson. Jim Jordan, Mark Landmade, Christine Lopez-Rincon, Art Lowe, Thomas
Lutz. Edward Mitteiman, Mike Moore, Edward Murphy, Michael Norton, George Schmidt. Edward
Talarski, and I3everly Wanke, recover their costs of the appeal from appellants, Piney Woods
Ventures, LLC, Cameron Cravey, Kimberly Cravey, The Ashley Claire Cravey, Alexis Chloe
Cravey, and John Cameron Cravey Special Trust.
Judgment entered November 27, 2012. Ii
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JUSTICE / /1