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Villa Dijon Condominium Association, Inc. and Implicity Management Company v. Mary Winters and Mila Cheatom

Citation: Not availableDocket: 04-15-00342-CV

Court: Court of Appeals of Texas; September 10, 2015; Texas; State Appellate Court

Original Court Document: View Document

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On September 10, 2015, the Fourth Court of Appeals in San Antonio, Texas, addressed the appeal of Villa Dijon Condominium Association, Inc. against Mary Winters, stemming from a default judgment issued by the trial court on March 9, 2015. The trial court had severed claims against the Appellants and assigned them to a new cause number (2015CI03926). The notice of appeal was due on April 8, 2015, and any motion for an extension of time should have been filed by April 23, 2015. However, the Appellants filed their notice of appeal on June 3, 2015, which was beyond the allowable time frame.

Citing Texas Rules of Appellate Procedure, the court ordered the Appellants to show cause within fifteen days why the appeal should not be dismissed for lack of jurisdiction, emphasizing that once the period for filing a motion for extension has passed, the appellate court's jurisdiction cannot be invoked. If the Appellants do not respond within the specified time, the appeal will be dismissed. All other appellate deadlines are suspended pending further orders from the court. The order was signed by Justice Patricia O. Alvarez and the court clerk, Keith E. Hottle.