MATTHEW R. HELM, BOWIE HELM, AND REAGAN C. HELM v. J. MICHAEL HERSHEY AND JEFFREY M. HERSHEY--Appeal from 329th District Court of Wharton County

NUMBERS 13-06-370-CV

13-07-169-CV

 
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG

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G. CAMERON DUNCAN, JR., ET AL., Appellants,

 
v.

J. MICHAEL HERSHEY AND JEFFREY M. HERSHEY, Appellees.

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On appeal from the 329th District Court
of Wharton County, Texas

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MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Vela
Memorandum Opinion Per Curiam

An appeal from a judgment entered by the 329th District Court of Wharton County, Texas, in cause number 34,924-S was perfected by appellants, G. Cameron Duncan, Jr., F. B. Duncan Land Partners, Ltd., May Shellmire Duncan, Genevieve Lykes Duncan, Mary Bell Rogers, and Olive Hershey Spitzmiller. This appeal was docketed in this Court as cause number 13-06-370-CV. Appellants, Matthew R. Helm, Bowie Helm, and Reagan C. Helm, attempted to perfect an appeal from the same judgment. Judgment in this cause was signed on March 29, 2006. A timely motion for new trial was filed. Pursuant to Tex. R. App. P. 26.1(d), the Helms' notice of appeal was due on July 11, 2006, but was not filed until July 14, 2006.

Notice of this defect was given so that steps could be taken to correct the defect, if it could be done. Appellants were advised that, if the defect was not corrected within ten days from the date of receipt of this Court's letter, the appeal would be dismissed. To date, no response has been received from the Helms.

The Court, having examined and fully considered the documents on file, the Helms' failure to timely perfect their appeal, and their failure to respond to this Court's notice, is of the opinion that the attempted appeal by the Helms should be severed from the original appeal and be dismissed for want of jurisdiction. The appeal as it relates to appellants, Matthew R. Helm, Bowie Helm, and Reagan C. Helm is severed from the original appeal and is docketed under cause number 13-07-169-CV. The appeal in cause number 13-07-169-CV is hereby DISMISSED FOR WANT OF JURISDICTION. The remaining issues in the appeal will remain docketed under cause number 13-06-370-CV.

PER CURIAM

Memorandum Opinion delivered and

filed this 29th day of March, 2007.