Zeke's Trucking Co., Inc. v. Robert Grayson

IN THE
TENTH COURT OF APPEALS
No. 10-11-00171-CV
ZEKE'S TRUCKING CO., INC.,
Appellant
v.
ROBERT GRAYSON,
Appellee
From the 12th District Court
Walker County, Texas
Trial Court No. 24,476
MEMORANDUM OPINION
Zeke’s Trucking Co., Inc. appeals from a judgment finalizing an arbitration
award to Robert Grayson. The judgment was filed on January 10, 2011. By letter dated
May 2, 2011, the Clerk of this Court notified Zeke’s Trucking Co. that the appeal was
subject to dismissal because it appeared the notice of appeal was untimely. TEX. R. APP.
P. 26.1. Because it appeared that a motion for new trial was filed, the notice of appeal
would have been due on April 11, 2011. See id. (a). It was not filed until May 13, 2011.
The Clerk also warned Zeke’s Trucking Co. that the appeal would be dismissed unless,
within 21 days of the date of the letter, a response was filed showing grounds for
continuing the appeal. See TEX. R. APP. P. 42.3, 44.3. We have not received a response.
Accordingly, this appeal is dismissed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed June 15, 2011
[CV06]
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