Citizens Enterprises, Inc., and Mohammad Siddique v. Heaven Sent Pizza, LP ( 2011 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-11-00055-CV

Citizens Enterprises, Inc., and

Mohammad Siddique,

                                                                                    Appellants

 v.

Heaven Sent Pizza, LP,

                                                                                    Appellee

From the 66th District Court

Hill County, Texas

Trial Court No. 48264

MEMORANDUM  Opinion

            The parties in this appeal have filed a joint motion to dismiss the appeal, pursuant to Rule 42.1 of the Texas Rules of Appellate Procedure, after making a complete settlement of all claims in the underlying case.

            Accordingly, this appeal is dismissed.  Tex. R. App. P. 42.1(a).

                                                                        TOM GRAY

                                                                        Chief Justice

Before Chief Justice Gray,

            Justice Davis, and

            Justice Scoggins

Appeal dismissed

Opinion delivered and filed June 22, 2011

[CV06]

No. 02-05-00367-CR, 2005 Tex. App. LEXIS 9211, at *2 (Tex. App.—Fort Worth Nov. 3, 2005, no pet.) (mem. op.); see also Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (interpreting former Rule of Appellate Procedure 41(b)(2)).

            Dunigan also cites Rule 44.3 and asks the Court to maintain the appeal on the docket because he has a meritorious ground for appeal and because counsel inadvertently miscalculated the deadline for the notice of appeal.  Rule 44.3 provides, “A court of appeals must not affirm or reverse a judgment or dismiss an appeal for formal defects or irregularities in appellate procedure without allowing a reasonable time to correct or amend the defects or irregularities.”  Id. 44.3.  However, Rule 44.3 may not be used to enlarge the deadline for perfecting an appeal in a criminal case.  See Olivo, 918 S.W.2d at 523 (interpreting former Rule of Appellate Procedure 83).

Both Dunigan’s notice of appeal and his motion for an extension of time to file the notice of appeal are untimely.  Accordingly, the appeal is dismissed for want of jurisdiction.  See Olivo, 918 S.W.2d at 522-23; Thompson, 2005 Tex. App. LEXIS 9211, at *2-3.

FELIPE REYNA

Justice

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Appeal dismissed

Opinion delivered and filed March 25, 2009

Publish

[CR25]

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[1]               The trial court imposed sentence on September 11, 2008.  Dunigan filed his notice of appeal on December 18, 2008.