Veronica Fernandez and Arthur Fernandez v. Just For Show Entertainment Logistics, Inc. and Michael Todd Jones Appeal from 457th District Court of Montgomery County (memorandum opinion per curiam)
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In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-23-00101-CV __________________ VERONICA FERNANDEZ AND ARTHUR FERNANDEZ, Appellants V. JUST FOR SHOW ENTERTAINMENT LOGISTICS, INC. AND MICHAEL TODD JONES, Appellees __________________________________________________________________ On Appeal from the 457th District Court Montgomery County, Texas Trial Cause No. 21-09-13497-CV __________________________________________________________________ MEMORANDUM OPINION The trial court signed a final summary judgment on February 28, 2023. Appellants, Veronica Fernandez, Individually and on behalf of The Estate of Nicholas Fernandez, and Arthur Fernandez, filed a notice of appeal on March 31, 2023. On May 1, 2023, we notified the parties that the notice of appeal had been filed late, but with the extension time permitted by Rule 26.3, we notified Appellants that they could request an extension of time that included a reasonable explanation 1 for the late filing of the motion. See Tex. R. App. P. 26.3. On June 20, 2023, we reminded the Appellants that we had not received a motion for extension of time to file the notice of appeal, and we warned Appellants that a motion for extension of time to file the notice of appeal must be filed by June 30, 2023. We further warned the parties that failure to establish the timely filing of a notice of appeal could result in dismissal of the appeal for lack of jurisdiction. Appellants did not file a motion for extension of time to file their notice of appeal, as they had been directed in the clerkâs notice of June 20, 2023. Appellants failed to file a motion for extension of time to file notice of appeal or offer a reasonable explanation for the late filing of the notice of appeal. The Court finds that the notice of appeal was not timely filed. See Tex. R. App. P. 26.1. No motion for extension of time was filed. See Tex. R. App. P. 26.3. Appellants failed to comply with a notice from the clerk requiring a response or other action within a specified time. See Tex. R. App. P. 42.3(c). Accordingly, we dismiss the appeal. See Tex. R. App. P. 42.3, 43.2(f). APPEAL DISMISSED. PER CURIAM Submitted on August 2, 2023 Opinion Delivered August 3, 2023 Before Golemon, C.J., Johnson and Wright, JJ. 2
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