Irving Holdings, Inc., Yellow Checker Cab Company of Dallas/Fort Worth, Inc. and Rajroop Singh Gill v. Lakeisha Armstrong as Administrator of the Estate of Idelia Armstrong Appeal from 116th Judicial District Court of Dallas County (memorandum opinion)
Annotate this Case
Download PDF
DISMISS and Opinion Filed March 13, 2017. In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01388-CV IRVING HOLDINGS, INC., YELLOW CHECKER CAB COMPANY OF DALLAS/FORT WORTH, INC., AND RAJROOP SINGH GILL, Appellants V. LAKEISHA ARMSTRONG, AS ADMINISTRATOR OF THE ESTATE OF IDELIA ARMSTRONG, Appellee On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-14-02206 MEMORANDUM OPINION Before Justices Evans, Stoddart, and Boatright Opinion by Justice Evans By letter to counsel, this Court questioned its jurisdiction over this appeal as it appeared the notice of appeal was untimely. We instructed appellants to file, by January 9, 2017, a letter brief addressing our concern with an opportunity for appellee to respond. We cautioned appellants that failure to file a letter brief by the date specified may result in dismissal of the appeal without further notice. As of today’s date, appellants have not filed the requested letter brief. When a timely post-judgment motion extending the appellate timetable is filed, a notice of appeal is due ninety days after the date the judgment is signed. See TEX. R. APP. P. 26.1(a). Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b). The trial court signed the judgment on July 22, 2016. Appellants filed a timely motion for new trial on Monday, August 22, 2016. See TEX. R. CIV. P. 4, 329b(a). Accordingly, the notice of appeal was due on October 20, 2016, ninety days after the date the judgment was signed. See TEX. R. APP. P. 26.1(a). Appellants filed a notice of appeal on November 23, 2016, thirty-four days past the deadline. Because appellants’ notice of appeal is untimely, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). /David W. Evans/ DAVID EVANS JUSTICE 161388F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT IRVING HOLDINGS, INC., YELLOW CHECKER CAB COMPANY OF DALLAS/FORT WORTH, INC., AND RAJROOP SINGH GILL, Appellants No. 05-16-01388-CV On Appeal from the 116th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-14-02206. Opinion delivered by Justice Evans. Justices Stoddart and Boatright participating. V. LAKEISHA ARMSTRONG, AS ADMINISTRATOR OF THE ESTATE OF IDELIA ARMSTRONG, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee LAKEISHA ARMSTRONG, AS ADMINISTRATOR OF THE ESTATE OF IDELIA ARMSTRONG, recover her costs of this appeal from appellants IRVING HOLDINGS, INC., YELLOW CHECKER CAB COMPANY OF DALLAS/FORT WORTH, INC., AND RAJROOP SINGH GILL. Judgment entered this 13th day of March, 2017. –3–
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
