John C. Deaton Jr.and Elizabeth Deaton v. Enterprise TE Products Pipeline LLC Appeal from 58th District Court of Jefferson County (memorandum opinion)

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00007-CV ____________________ JOHN C. DEATON JR. AND ELIZABETH DEATON, Appellants V. ENTERPRISE TE PRODUCTS PIPELINE LLC, Appellee ________________________________________________________________________ On Appeal from the 58th District Court Jefferson County, Texas Trial Cause No. A-200,797 ________________________________________________________________________ MEMORANDUM OPINION On January 4, 2018, John C. Deaton Jr. and Elizabeth Deaton filed a notice of appeal of an order signed on December 20, 2017. We docketed the appeal and granted a fifteen-day extension of time to file a petition for a permissive appeal. See Tex. R. App. P. 12.1, 28.3(d). On January 10, 2018, we notified the parties that the appeal would be dismissed unless a petition for a permissive appeal was filed by the January 19, 2018, deadline. See Tex. R. App. P. 42.3. No response has been filed. 1 A petition for a permissive appeal must be filed within fifteen days after the order to be appealed is signed. See Tex. R. App. P. 28.3(c). An extension may be granted if a party files the petition within fifteen days after the deadline and files a motion for extension of time. Tex. R. App. P. 28.3(d). In this case, the appellants filed a motion but did not file a petition within the time required. Id. Accordingly, we dismiss the appeal. See Tex. R. App. P. 43.2(f). APPEAL DISMISSED. ________________________________ CHARLES KREGER Justice Submitted on January 31, 2018 Opinion Delivered February 1, 2018 Before McKeithen, C.J., Kreger and Horton, JJ. 2

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