John C. Peyton, David N. Peyton, Stephen A. Peyton, Nancy Peyton, and Matthew H. Peyton v. Aileen McHenry Jones, Independent Executrix of Estate of R. Kingsley McHenry, Jr., M.D., Deceased and Sam Houston Area Council Boy Scouts of America--Appeal from County Court at Law of Washington CountyAnnotate this Case
Dismissed and Memorandum Opinion filed October 27, 2005.
Fourteenth Court of Appeals
JOHN C. PEYTON, DAVID N. PEYTON, STEPHEN A. PEYTON,
NANCY PEYTON, AND MATTHEW H. PEYTON, Appellants
AILEEN MCHENRY JONES, INDEPENDENT EXECUTRIX OF ESTATE OF
R. KINGSLEY MCHENRY, JR., M.D., DECEASED, and SAM HOUSTON AREA COUNCIL BOY SCOUTS OF AMERICA, Appellees
On Appeal from the County Court at Law
Washington County, Texas
Trial Court Cause No. 04 108
M E M O R A N D U M O P I N I O N
We deny appellant=s motion to reinstate. We withdraw our opinion filed September 15, 2005, substitute this opinion in its place, and vacate our September 15, 2005, judgment.
This is an appeal from a judgment signed April 5, 2005. Appellants timely filed a motion for new trial on April 21, 2005. The notice of appeal was due July 5, 2005. See Tex. R. App. P. 26.1(a)(1). Appellants, however, filed their notice of appeal on August 4, 2005. Accordingly, we are without jurisdiction to consider the appeal.
For these reasons, the appeal is ordered dismissed.
Judgment rendered and Memorandum Opinion filed October 27, 2005.
Panel consists of Justices Fowler, Edelman, and Guzman.