Sebastian McCrimmons v. Jerry Allen Shack ( 2005 )

Opinion issued September 29, 2005

In The

Court of Appeals  

For The

First District of Texas  

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  NO. 01–05–00447–CV

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SEBASTIAN MCCRIMMONS, Appellant

V.

JERRY ALLEN SHACK, Appellee

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On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 2003-63128

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MEMORANDUM OPINIONAppellant’s, Sebastien McCrimmon’s, suit was dismissed for want of prosecution on December 27, 2004. Appellant filed a motion to reinstate pursuant to Tex. R. Civ. P. 165a, thereby extending the time to file a notice of appeal to March 28, 2005. Tex. R. App. P. 26.1(a)(3). Appellant did not file a motion to extend time to file the notice of appeal within the 15-day grace period provided by Texas Rule of Appellate Procedure 26.3. After being notified that this appeal was subject to dismissal, appellant did not adequately respond. See Tex. R. App. P. 42.3(a) (allowing involuntary dismissal of case).

          The appeal is dismissed for want of jurisdiction. All pending motions are denied.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Hanks.