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
General Counsel Conference Midwest: SuperConference 2025
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs