Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

McKamy Evers Estates Homeowners Association v. PlainsCapital Bank

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
MEMORANDUM OPINION *fn1

On June 17, 2010, we notified Appellants that this court may not have jurisdiction over this appeal because it appeared that the notice of appeal was not timely filed. We stated that the appeal would be dismissed for want of jurisdiction unless Appellants or any party desiring to continue the appeal filed with the court on or before June 28, 2010, a response showing grounds for continuing the appeal. See Tex. R. App. P. 42.3(a), 44.3.

We received a response from Appellants on June 29, 2010. Appellants provide no explanation for why their notice of appeal was not timely filed but instead argue that no final judgment exists. We requested and received a reply from Appellee PlainsCapital Bank. After reviewing Appellants’ response to our jurisdictional inquiry, Appellee’s reply, the trial court’s November 12, 2009 “Order Granting Plaintff’s Emergency Application For Appointment Of Receiver,”*fn2 the trial court’s February 10, 2010 “Interlocutory Judgment By Default,” and the trial court’s February 19, 2010 “Final Judgment By Default,” it appears that all parties and all issues have been disposed of. The trial court’s February 19, 2010 “Final Judgment By Default”–which states that there was an “absence of any answer, response or appearance in this suit by Defendants” and that “this Court finds that a final judgment by default in favor of Plaintiff and against Defendants [Appellants] should be entered”–appears to be a final judgment. See generally Tex. R. Civ. P. 239. Because the February 19, 2010 judgment is a final judgment disposing of all parties and all issues and because Appellants timely filed a motion for new trial, the appellate deadline for filing their notice of appeal was May 20, 2010, see Tex. R. App. P. 26.1(a), but Appellants did not file their notice of appeal until June 11, 2010.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Paralegal/Legal Assistant

Eichen Crutchlow Zaslow LLP is a highly regarded legal firm based in Edison, New Jersey. The firm specializes in medical malpractice and per...


Apply Now ›
Associate Professor or Professor of Law

The George Washington University Law School invites applications for multiple tenure-track or tenured faculty appointments, at the rank of A...


Apply Now ›
Employment Attorneys Senior Counsel - Los Angeles, Ventura, California

Gordon Rees Scully Mansukhani has an immediate opening for experienced Employment Attorneys in its Los Angeles and Ventura offices. Candida...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements