Collin County Appraisal Review Board v. Parkwood 121 Village, LP Appeal from 429th Judicial District Court of Collin County (memorandum opinion)

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Dismissed; and Opinion Filed August 17, 2017 In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00519-CV COLLIN COUNTY APPRAISAL REVIEW BOARD, Appellant V. PARKWOOD 121 VILLAGE, LP, Appellee On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-02278-2015 MEMORANDUM OPINION Before Justices Lang, Myers, and Stoddart Opinion by Justice Lang We questioned our jurisdiction over this appeal from the trial court’s February 10, 2017 judgment as the notice of appeal appeared to have been filed late. See Garza v. Hibernia Nat. Bank, 227 S.W.3d 233, 233 (Tex. App.—Houston [1st Dist.] 2007, no pet.) (timely filing of notice of appeal is jurisdictional). Collin County Appraisal Review Board (“ARB”) timely filed a motion for new trial, making the deadline for filing the notice of appeal May 11, 2017 or, with an extension motion under Texas Rule of Appellate Procedure 26.3, May 26, 2017. See TEX. RS. APP. P. 26.1(a), 26.3. The ARB filed its notice of appeal May 15, 2017, but did not file an extension motion. We gave the ARB an opportunity to file an extension motion and cautioned that the appeal could be dismissed if the motion was not filed. See id. 42.3(a). However, more than ten days have passed, and no motion has been filed. Accordingly, we dismiss the appeal. See id. /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE 170519F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT COLLIN COUNTY APPRAISAL REVIEW BOARD, Appellant No. 05-17-00519-CV On Appeal from the 429th Judicial District Court, Collin County, Texas Trial Court Cause No. 429-02278-2015. Opinion delivered by Justice Lang. Justices Myers and Stoddart participating. V. PARKWOOD 121 VILLAGE, LP, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER appellee Parkwood 121 Village, LP recover its costs, if any, of this appeal from appellant Collin County Appraisal Review Board. Judgment entered this 17th day of August, 2017. –3–

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