Ammonite Oil & Gas Corporation v. Railroad Commission of Texas ( 2020 )

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COURT OF APPEALS
SANDEE BRYAN MARION FOURTH COURT OF APPEALS DISTRICT MICHAEL A. CRUZ,
CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT
REBECA C. MARTINEZ 300 DOLOROSA, SUITE 3200
PATRICIA O. ALVAREZ SAN ANTONIO, TEXAS 78205-3037
LUZ ELENA D. CHAPA WWW.TXCOURTS.GOV/4THCOA.ASPX TELEPHONE
IRENE RIOS (210) 335-2635
BETH WATKINS
LIZA A. RODRIGUEZ FACSIMILE NO.
JUSTICES (210) 335-2762
October 20, 2020
Shelly M. Doggett J. Bruce Bennett
Office of the Attorney General of Cardwell, Hart & Bennett, L.L.P.
Texas 807 Brazos, Suite 1001
P.O. Box 12548 Austin, TX 78701-2553
Austin, TX 78711 * DELIVERED VIA E-MAIL *
* DELIVERED VIA E-MAIL *
Jane Webre
John Henderson Bennett Scott Douglass & McConnico,
OSBORN, MARSLAND & LLP
HARGROVE 303 Colorado Street, Suite 2400
515 Congress Ave., Suite 2450 Austin, TX 78701-2589
Austin, TX 78701-3558 * DELIVERED VIA E-MAIL *
* DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 04-20-00465-CV
Trial Court Case Number: M-18-0003-CV-A
Style: Ammonite Oil & Gas Corporation
v.
Railroad Commission of Texas
Enclosed please find the order which the Honorable Court of Appeals has
issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me.
Very truly yours,
Michael A. Cruz,
Clerk of Court
_____________________________
Monica Rivera
Deputy Clerk, Ext. 53855
cc: Mattie Sadovsky (DELIVERED VIA E-MAIL)
Douglas J. Dashiell (DELIVERED VIA E-MAIL)
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Fourth Court of Appeals
San Antonio, Texas
October 20, 2020
No. 04-20-00465-CV
AMMONITE OIL & GAS CORPORATION,
Appellant
v.
RAILROAD COMMISSION OF TEXAS,
Appellee
From the 36th Judicial District Court, McMullen County, Texas
Trial Court No. M-18-0003-CV-A
Honorable Janna K. Whatley, Judge Presiding
ORDER
The trial court signed a final appealable order on June 22, 2020. Because
the clerk’s record does not contain a motion for new trial, motion to modify the
judgment, motion for reinstatement, or request for findings of fact and
conclusions of law, the notice of appeal was due by July 22, 2020. See TEX. R.
APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was
due by August 6, 2020. See TEX. R. APP. P. 26.3.
Appellant filed its notice of appeal on September 17, 2020. “[O]nce the
period for granting a motion for extension of time under Rule [26.3] has passed, a
party can no longer invoke the appellate court’s jurisdiction. See Verburgt v.
Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule
26). Because the notice of appeal was untimely filed, we ORDER appellant to
show cause why this appeal should not be dismissed for lack of jurisdiction by
October 30, 2020. See id. If appellants fail to respond to this order by the date
ordered, this appeal will be dismissed for lack of jurisdiction. See TEX. R. APP. P.
42.3. If a supplemental clerk’s record is required, appellant must ask the trial
court clerk to prepare one and must notify the clerk of this court that such a
request was made. All other appellate deadlines are suspended until further order
of this court.
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_________________________________
Beth Watkins, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 20th day of October, 2020.
___________________________________
MICHAEL A. CRUZ, Clerk of Court