garry-cantrell-aka-garry-p-cantrell-gary-cantrell-garry-philip ( 2014 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-14-00176-CV
GARRY CANTRELL A/K/A GARRY APPELLANTS
P. CANTRELL, GARY CANTRELL,
GARRY PHILIP CANTRELL, AND
GARRY CANTRELL, ESQ., D/B/A
CANTRELL LAW FIRM, AND
CANTRELL LAW FIRM IOLTA
V.
LAWSUIT FINANCIAL CORP. APPELLEE
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FROM COUNTY COURT AT LAW NO. 3 OF TARRANT COUNTY
TRIAL COURT NO. 2012-005630-3
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MEMORANDUM OPINION1
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Appellants Garry Cantrell a/k/a Garry P. Cantrell, Gary Cantrell, Garry
Philip Cantrell, and Garry Cantrell, Esq., d/b/a Cantrell Law Firm, and Cantrell
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See Tex. R. App. P. 47.4.
Law Firm IOLTA electronically filed their notice of appeal on June 4, 2014 from a
judgment signed March 21, 2014. Although appellants electronically filed a
motion for new trial on April 22, 2014, that motion did not extend the filing
deadline for the notice of appeal because it was filed one day late. See Tex. R.
App. P. 26.1(a)(1); Tex. R. Civ. P. 329b(a); Brooks v. Wal-Mart Stores, Inc.,
No. 11-13-00256-CV, 2013 WL 5521829, at *1 (Tex. App.––Eastland Sept. 26,
2013, no pet.) (mem. op.).
Accordingly, the notice of appeal filed on June 4, 2014 was untimely. See
Tex. R. App. P. 26.1. Although we notified appellants of the late filing and gave
them an opportunity to explain why the notice of appeal was untimely, they have
not provided an explanation for the late filing. We therefore dismiss this appeal
for want of jurisdiction. See Tex. R. App. P. 25.1(a), 26.1, 42.3(a), 43.2(f);
Chilkewitz v. Winter, 25 S.W.3d 382, 382–83 (Tex. App.––Fort Worth 2000, no
pet.).
PER CURIAM
PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.
DELIVERED: July 10, 2014
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