Dismissed and Memorandum Opinion filed October 27, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00837-CV

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JOHN C. PEYTON, DAVID N. PEYTON, STEPHEN A. PEYTON,

NANCY PEYTON, AND MATTHEW H. PEYTON, Appellants

V.

AILEEN MCHENRY JONES, INDEPENDENT EXECUTRIX OF ESTATE OF

R. KINGSLEY MCHENRY, JR., M.D., DECEASED, and SAM HOUSTON AREA COUNCIL BOY SCOUTS OF AMERICA, Appellees

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On Appeal from the County Court at Law

Washington County, Texas

Trial Court Cause No. 04‑108

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M E M O R A N D U M   O P I N I O N

We deny appellant=s motion to reinstate.  We withdraw our opinion filed September 15, 2005, substitute this opinion in its place, and vacate our September 15, 2005, judgment.

This is an appeal from a judgment signed April 5, 2005.  Appellants timely filed a motion for new trial on April 21, 2005.  The notice of appeal was due July 5, 2005.  See Tex. R. App. P. 26.1(a)(1).  Appellants, however, filed their notice of appeal on August 4, 2005.      Accordingly, we are without jurisdiction to consider the appeal.

For these reasons, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 27, 2005.

Panel consists of Justices Fowler, Edelman, and Guzman.