Wayne Bursey and George E. Wilson v. Jimmie Armstead ( 2000 )

NUMBER 13-00-747-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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WAYNE BURSEY AND GEORGE E. WILSON

, Appellants,

v.

JIMMIE ARMSTEAD AND JESSE NASH, SR., ET AL.

, Appellees.

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On appeal from the 148th District Court of Nueces County, Texas

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O P I N I O N

Before Chief Justice Seerden and Justices Dorsey and Rodriguez Opinion Per Curiam

Appellants, WAYNE BURSEY AND GEORGE E. WILSON, attempted to perfect an appeal from a judgment entered by the 148th District Court of Nueces County, Texas, in cause number 00-391-E. An order granting temporary injunction in this cause was signed on November 6, 2000. Pursuant to Tex. R. App. P. 26.1(b), appellants' notice of appeal was due on November 27, 2000, but was not filed until December 11, 2000. Appellants filed a motion for leave to file notice of appeal on December 11, 2000.

The Court, having examined and fully considered the documents on file, appellants' failure to timely perfect his appeal, and appellants' motion for leave to file notice of appeal, is of the opinion that appellants' motion for leave to file notice of appeal should be denied. Appellants' motion for leave to file notice of appeal is DENIED. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Justice J. Bonner Dorsey notes his dissent.

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 29^th day of December, 2000.