Cordell Moody v. Steven Simmons, et al--Appeal from 76th District Court of Camp County
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-10-00089-CV ______________________________ CORDELL MOODY, Appellant V. STEVEN SIMMONS, ET AL., Appellees On Appeal from the 76th Judicial District Court Camp County, Texas Trial Court No. CV-09-1204 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Appellant, Cordell Moody, filed a notice of appeal September 9, 2010, from the final judgment of the State Judicial District Court of Camp County, Texas, entered on or about August, 2010. On receipt of the clerk s record, we noted that a final judgment was entered in this cause of action December 17, 2009. We then called the Camp County District Clerk and inquired whether there were any further orders entered from which Moody might be appealing and were informed no such orders existed. Therefore, even with a timely motion for new trial, the latest date a timely notice of appeal could have been filed was March 17, 2010. In accordance with Rule 42.3 of the Texas Rules of Appellate Procedure, we provided notice to Moody, requesting that he show this Court how we had jurisdiction over this appeal. TEX. R. APP. P. 42.3. We have received Moody s response, and considered it. We do not find it to be persuasive. We dismiss this appeal for want of jurisdiction. Josh R. Morriss, III Chief Justice Date Submitted: Date Decided: October 13, 2010 October 14, 2010 2
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