Case Number: 05-96-01583-CV 04/03/1998 Created for Data Conversion -- an event inserted to correspond to the mandate date of a process 04/03/1998 Mandate issued 02/13/1998 Motion for Rehearing - Disposed Overruled 01/16/1998 Motion for Rehearing - Filed 01/16/1998 Motion for Rehearing forwarded 01/16/1998 Notice requesting filing fee 12/29/1997 Description of document returned to Supreme Court 12/23/1997 M/E/T to file Motion for Rehearing disposed Granted 12/17/1997 Notice requesting filing fee 12/17/1997 M/E/T to file motion for rehearing 12/05/1997 Notice from Counsel of a change in address 12/04/1997 Application for Writ of Error - Disposed petition granted pursuant to TRAP 59.1 12/04/1997 Application for Writ of Error - Disposed petition granted pursuant to TRAP 59.1 12/04/1997 Writ of error issued to Court of Appeals. 12/04/1997 Opinion issued ca judgment reversed; remanded to ca 12/04/1997 Court approved judgment sent to attys of record 04/30/1997 Case forwarded to Court 04/28/1997 Reply filed 04/16/1997 Application for Writ of Error - Filed OPINION AND ORDER
Because the cash deposit in lieu of bond was not timely filed, and no motion to extend time to file the bond was timely filed, this Court does not have jurisdiction over this appeal. Accordingly, appellee Howe State Bank's October 15, 1996 motion to dismiss for want of jurisdiction is GRANTED and this appeal is DISMISSED for want of jurisdiction.See TEX.R.APP.P. 41(a)(1)-(2); Youngstown Sheet Tube Co. v. Penn, 363 S.W.2d 230 (Tex. 1962); Fite v.Johnson, 654 S.W.2d 51, 52 (Tex.App. — Dallas 1983, no writ). *Page 571
Appellants' October 25, 1996 motion for leave to re-file motion to extend time or, in the alternative, motion for leave to file motion to extend time is DENIED as moot.
It is ORDERED that appellees, Howe State Bank and Tohnie E. Hynds, Substitute Trustee, recover their costs of this appeal from appellants Jerry H. Harlan and W.C. Daily and from the cash deposit in lieu of cost bond. After all costs have been paid, the clerk of the district court is directed to release the balance, if any, of the cash deposit to Robert C. Jenevein, as attorney for appellants Jerry H. Harlan and W.C. Daily.