Selisa Harkey and Adrian Harkey v. The Bank of New York Mellon Trust Company, et alAppeal from 358th District Court of Ector County (memorandum opinion per curiam)
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Opinion filed May 8, 2014 In The Eleventh Court of Appeals __________ No. 11-14-00050-CV __________ SELISA HARKEY AND ADRIAN HARKEY, Appellants V. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. ET AL., Appellees On Appeal from the 358th District Court Ector County, Texas Trial Court Cause No. D-134,928 MEMORANDUM OPINION Appellants, Selisa Harkey and Adrian Harkey, filed a notice of appeal in this cause from an order granting a motion for summary judgment filed by some, but not all, of the defendants. Upon receiving the clerk s record, we issued a letter dated April 1, 2014, in which we notified Appellants that the notice of appeal was filed one day late and that the summary judgment did not appear to be final and appealable as it did not dispose of all parties. In the letter, we requested that Appellants file a response on or before April 11, 2014, pertaining to both matters. We also informed Appellants that this appeal would be subject to dismissal if they failed to file a response showing grounds to continue. See TEX. R. APP. P. 42.3. Appellants have not filed any response to our letter dated April 1, 2014. Consequently, we dismiss the appeal pursuant to TEX. R. APP. P. 42.3. This appeal is dismissed. PER CURIAM May 8, 2014 Panel consists of: Wright, C.J., Willson, J., and Bailey, J. 2
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