AEP Engineering & Consulting, Inc. d/b/a Texas Conveyors International v. Advance Lifts, Inc.--Appeal from County Court at Law No. 2 of Tarrant County
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-09-138-CV AEP ENGINEERING & CONSULTING, INC. d/b/a TEXAS CONVEYORS INTERNATIONAL APPELLANT V. ADVANCE LIFTS, INC. APPELLEE ------------ FROM COUNTY COURT AT LAW NO. 2 OF TARRANT COUNTY ------------ MEMORANDUM OPINION 1 -----------On May 7, 2009, appellant AEP Engineering & Consulting, Inc. d/b/a Texas Conveyors International filed a notice of appeal from the trial court s judgment, which was signed on December 19, 2008. On May 18, 2009, we sent a letter to appellant stating our concern that we are without jurisdiction because appellant s motion for new trial was due on January 19, 2009, but 1 ¦ See Tex. R. App. P. 47.4. was not filed until March 9, 2009; therefore, it appeared the notice of appeal was not timely filed.2 We informed appellant that unless it or any party filed a response showing grounds for continuing the appeal on or before May 28, 2009, the appeal could be dismissed for want of jurisdiction. Appellant has faxed us a copy of what appears to be the parties Rule 11 agreement to discontinue the appeal.3 However, because appellant s notice of appeal is untimely, we have no jurisdiction to consider this appeal. Accordingly, we dismiss this appeal for want of jurisdiction.4 PER CURIAM PANEL: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ. DELIVERED: July 2, 2009 2 ¦ See Tex. R. App. P. 26.1(a). 3 ¦ See Tex. R. Civ. P. 11. 4 ¦ See Tex. R. App. P. 42.3(a). 2
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