Pin Oak Funding v. R. Judd Cribbs ( 2003 )

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-02 -00101 -CV

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PIN OAK FUNDING, Appellant

V.

R. JUDD CRIBBS, Appellee

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On Appeal from the 113th Judicial District Court

Harris County, Texas

Trial Court No. 01-56975

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Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

Pin Oak Funding, appellant, and R. Judd Cribbs, appellee, have filed a joint motion informing this Court that they have settled this matter and no longer wish to pursue the appeal. Accordingly, pursuant to Tex. R. App. P. 42.1, their motion is granted.

The appeal is dismissed.

Donald R. Ross

Justice

Date Submitted: March 31, 2003

Date Decided: April 1, 2003

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On Appeal from the 102nd Judicial District Court

Red River County, Texas

Trial Court No. 76-CR-10-99

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Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

            Benjamin Wayne McCoin has filed a document with this Court which constitutes an attempt to appeal from his conviction. Although the language he used could refer to a number of legal remedies, the document constitutes, in effect, a brief arguing that the 102nd Judicial District Court entered an unlawful sentence and asks this Court to order the attorney general's office to file a brief and to then review his conviction. We will treat the document as a notice of appeal.

            The information which McCoin has provided demonstrates he is attempting to again appeal from the conviction which this Court reviewed in McCoin v. State, 56 S.W.3d 609 (Tex. App.—Texarkana 2001, no pet.).

            Deeming this as a notice of appeal, it is far outside the ninety day time period during which a notice of appeal may be filed. See Tex. R. App. P. 26.2(a). Accordingly, we have no jurisdiction over the attempted appeal.

            We dismiss the appeal for want of jurisdiction.

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          January 6, 2004

Date Decided:             January 7, 2004

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