DISMISS and Opinion Filed May 4, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00986-CV
VAULT VENTURES, LLC, AMERICAN KGB, INC., A & MS
INVESTMENT, INC., J. KARIM CORP., KRISHNA ESHANA, INC.,
JANICE R. STEWART, BPYS, LLC, TEXAS GIFT AND TOBACCO, INC.,
MY BROADWAY C STORE, INC., ONE OLD COUNTRY TOBACCO,
INC., PLAINTIFF WEISS, DARRYL J. PRUETT, AHMED CHAUDHRY,
PANTA & SONS, INC., BLUE SKY BK, LLC, KOPILA INVESTMENTS,
INC., ARSH GROUP, LLC, RAKESH PATEL, MUSTAFA MAHMOUD,
SAI ARYA LAXMI, INC., POORMAND INVESTMENTS, INC., NS3
ALLIANCE, INC., MOHAN LAL, USMAN & AZIZ, INC., KANAKI, LLC,
LATOYA SHRESTHA, G&A PETRO, LLC, FIVE PILLARS, INC., AND
S & F LEGACY, INC., Appellants
V.
CITY OF MESQUITE, CLIFF KEHELEY, MESQUITE CITY MANAGER,
AND JEFF ARMSTRONG, DIRECTOR OF PLANNING AND
DEVELOPMENT SERVICES FOR THE CITY OF MESQUITE, Appellees
On Appeal from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-20-19115
MEMORANDUM OPINION
Before Justices Molberg, Reichek, and Garcia
Opinion by Justice Garcia
Appellants appeal from the trial court’s October 19, 2021 order granting the
plea to the jurisdiction filed by defendants City of Mesquite and Mesquite City
Manager Cliff Keheley and dismissing appellants’ claims against them. The order
is interlocutory because appellants’ claims against defendant Jeff Armstrong,
Director of Planning and Development Services for the City of Mesquite, remain
pending. Accordingly, this is an accelerated appeal pursuant to section 51.014(a)(8)
of the civil practice and remedies code. See TEX. CIV. PRAC. & REM. CODE ANN.
§ 51.014(a)(8) (permitting appeal of interlocutory order granting plea to jurisdiction
of governmental unit).
In an accelerated appeal, a notice of appeal is due within twenty days of the
date the order is signed or, with an extension motion, within fifteen days of the
deadline. See TEX. R. APP. P. 26.1(a); 26.3. Without a timely filed notice of appeal,
this Court lacks jurisdiction. See See Brashear v. Victoria Gardens of McKinney,
L.L.C., 302 S.W.3d 542, 545 (Tex. App.—Dallas 2009, no pet.) (op. on reh’g)
(timely filing of notice of appeal jurisdictional).
The notice of appeal of the trial court’s October 19 order was due November
8, 2021. See TEX. R. APP. P. 26.1(b). Appellants filed a notice of appeal on
November 10, two days past the deadline. By letters dated December 15, 2021 and
January 31, 2022, the Court informed appellants that they could remedy the
timeliness problem by filing an extension motion that complies with rule 10.5(b)(1)
and (2). See id. 10.5(b)(1), (2); 26.3. We cautioned appellants that failure to comply
may result in dismissal of the appeal without further notice. The last deadline for
complying has passed and appellants have not filed an extension motion or otherwise
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communicated with the Court. Accordingly, we dismiss the appeal for want of
jurisdiction. See id. 42.3(a).
/Dennise Garcia/
DENNISE GARCIA
JUSTICE
210986F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
VAULT VENTURES, LLC, On Appeal from the 44th Judicial
AMERICAN KGB, INC., A & MS District Court, Dallas County, Texas
INVESTMENT, INC., J. KARIM Trial Court Cause No. DC-20-19115.
CORP., KRISHNA ESHANA, INC., Opinion delivered by Justice Garcia.
JANICE R. STEWART, BPYS, Justices Molberg and Reichek
LLC, TEXAS GIFT AND participating.
TOBACCO, INC., MY
BROADWAY C STORE, INC.,
ONE OLD COUNTRY TOBACCO,
INC., PLAINTIFF WEISS,
DARRYL J. PRUETT, AHMED
CHAUDHRY, PANTA & SONS,
INC., BLUE SKY BK, LLC,
KOPILA INVESTMENTS, INC.,
ARSH GROUP, LLC, RAKESH
PATEL, MUSTAFA MAHMOUD,
SAI ARYA LAXMI, INC.,
POORMAND INVESTMENTS,
INC., NS3 ALLIANCE, INC.,
MOHAN LAL, USMAN & AZIZ,
INC., KANAKI, LLC, LATOYA
SHRESTHA, G&A PETRO, LLC,
FIVE PILLARS, INC., AND
S & F LEGACY, INC., Appellants
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No. 05-21-00986-CV V.
CITY OF MESQUITE, CLIFF
KEHELEY, MESQUITE CITY
MANAGER, AND JEFF
ARMSTRONG, DIRECTOR OF
PLANNING AND DEVELOPMENT
SERVICES FOR THE CITY OF
MESQUITE, Appellees
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellees CITY OF MESQUITE, CLIFF KEHELEY,
MESQUITE CITY MANAGER, AND JEFF ARMSTRONG, DIRECTOR OF
PLANNING AND DEVELOPMENT SERVICES FOR THE CITY OF
MESQUITE recover their costs of this appeal from appellants VAULT
VENTURES, LLC, AMERICAN KGB, INC., A & MS INVESTMENT, INC., J.
KARIM CORP., KRISHNA ESHANA, INC., JANICE R. STEWART, BPYS, LLC,
TEXAS GIFT AND TOBACCO, INC., MY BROADWAY C STORE, INC., ONE
OLD COUNTRY TOBACCO, INC., PLAINTIFF WEISS, DARRYL J. PRUETT,
AHMED CHAUDHRY, PANTA & SONS, INC., BLUE SKY BK, LLC, KOPILA
INVESTMENTS, INC., ARSH GROUP, LLC, RAKESH PATEL, MUSTAFA
MAHMOUD, SAI ARYA LAXMI, INC., POORMAND INVESTMENTS, INC.,
NS3 ALLIANCE, INC., MOHAN LAL, USMAN & AZIZ, INC., KANAKI, LLC,
LATOYA SHRESTHA, G&A PETRO, LLC, FIVE PILLARS, INC., AND S & F
LEGACY, INC.
Judgment entered May 4, 2022
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