IN RE: H&H SAND AND GRAVEL, INC., A TEXAS CORPORATION--Appeal from 148th District Court of Nueces County

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State: Texas

Court: Criminal Court of Appeals

Docket No: 13-09-00551-CV

Case Date: 11/06/2009

Plaintiff: Alfonso Gonzalez, Jr., Individually and As Next Friend of Veronica Alejandra Gonzalez, Minor, et al.

Defendant: Ford Motor Company--Appeal from 229th Judi

Preview:Alfonso Gonzalez, Jr., Individually and As Next Friend of Veronica Alejandra Gonzalez, Minor, et al. -andRichard Alaniz, Sr. Angie Alaniz, as the personal representatives of the Estate of Richard Alaniz, Jr. v. Ford Motor Company--Appeal from 229th Judicial District Court of Duval County
/**/ MEMORANDUM OPINION

No. 04-04-00814-CV

Alfonso GONZALEZ, Jr., Individually and as Next Friend of Veronica Alejandra Gonzalez, a minor, and as Heir at Law of the Estate of Janet Valdez Gonzalez, deceased, Noemi Rodriguez Valdez, Individually and as Next Friend of Erika Valdez, a minor, and as Heir at Law of the Estate of Jose Luis Valdez, deceased, Noemi Chaverria, Rosa Valdez, Eliud Valdez, Brenda Tijerina, and Elizabeth Tinajero, Richard Alaniz, Sr., Angie Alaniz, as the Personal Representative of the Estate of Richard Alaniz, Jr., Appellants

v.

FORD MOTOR COMPANY, Appellee

From the 229th Judicial District Court, Duval County, Texas Trial Court No. DC-02-332 Honorable Alex W. Gabert, Judge Presiding

PER CURIAM Sitting: Karen Angelini, Justice

file:///C|/Users/Peter/Desktop/opinions/PDFs1/18137.html[8/20/2013 7:46:05 PM]

Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Delivered and Filed: April 20, 2005

DISMISSED FOR LACK OF JURISDICTION This appeal arises out of a jury verdict which determined that Ford Motor Company was not liable for the plaintiffs damages. On June 22, 2004, the trial court entered final judgment on the jury s verdict. Appellants Alfonso Gonzalez, Jr., individually and as next friend of Veronica Alejandra Gonzalez, minor, and as heir of the Estate of Janet Valdez Gonzalez, deceased, for and on behalf of all those entitled to recover for her death under the Texas Wrongful Death and Survival Acts, Noemi Rodriguez Valdez, individually and as next friend of Erika Valdez, minor, and as heir at law of the Estate of Jose Luis Valdez, deceased, for and on behalf of all those entitled to recover for his death under the Texas Wrongful Death and Survival Acts, Noemi Chaverria, Rosa Valdez, Eliud Valdez, Brenda Tijerina, and Elizabeth Tinajero ( the Gonzalez Appellants ) filed a timely motion for new trial on July 22, 2004. Likewise, Appellants Richard Alaniz, Sr., and Angie Alaniz, as the personal representatives of the Estate of Richard Alaniz, Jr. ( the Alaniz Appellants ) filed a timely motion for new trial on July 22, 2004. Therefore, both notices of appeal were due to be filed on September 20, 2004. See Tex. R. App. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on October 5, 2004. See Tex. R. App. P. 26.3. However, neither the Gonzalez Appellants nor the Alaniz Appellants timely filed notices of appeal. The Gonzalez Appellants did not file their notice of appeal until November 5, 2004. And, the Alaniz Appellants did not file their notice of appeal until November 8, 2004. Recognizing that both the Alaniz Appellants and the Gonzalez Appellants failed to file a timely notice of appeal, Appellee Ford Motor Company filed a motion to dismiss this appeal for want of jurisdiction. In response, the Gonzalez Appellants have also filed a motion to dismiss, stating that they no longer wish to pursue their appeal. The Alaniz Appellants, however, have failed to respond to either motion to dismiss. Reviewing the clerk s record, we agree with Appellee Ford Motor Company; because a timely notice of appeal was not filed, we do not have jurisdiction over this appeal. We, therefore, grant Ford Motor Company s motion to dismiss for lack of jurisdiction. Because we do not have jurisdiction over this appeal, we also dismiss the Gonzalez appellants motion to dismiss for lack of jurisdiction. PER CURIAM

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