Davidson, Joyce v. Delano & Denise Gordon, Daniel Kline
Davidson, Joyce v. Delano & Denise Gordon, Daniel Kline
Opinion
I)IS]VIISS; Opinion issued October 9, 2012
In The Qtmtrt uf piaki ‘ftt! E1itrirt uf at t1at1a No. 05-12-0031 1-CV
JOYCE DAVIDSON, Appellant V. DELANO GORDON ANI) DENISE GORDON, Appellees
On Appeal from the County Court at Law No. 4 1)allas County, Texas Trial Court Cause No. CC-I 1-07840-I)
MEMORANDUM OPINION Before Justices Bridges, Richter, and Lang Opinion By Justice Bridges By letter dated April 13, 2012, we directed appellant Joyce Davidson to file a letter brief addressing our jun sdiction over this appeal as we were unable to determine from the record before us whether her March 5. 2012 notice of appeal from the trial court’s December 9, 2011 judgment for possession was timely. We explained in our letter that generally, a notice of appeal must be filed within thirty days from the date ofjudgment. TEx. R. App. P.26.1. We explained further that the record reflected she had filed for bankruptcy, and that the automatic bankruptcy stay had been lifted February 17, 2012. The record, however, did not reflect the date the bankruptcy petition had been filed. Because a bankruptcy suspends all periods in the appellate rules from the date bankruptcy is filed until the stay is lifted and a period that began to run and had not expired at the time the bankruptcy was filed begins anew when the stay has been lifted, the date she had tiled for bankruptcy was necessary. See EX. R. App. P. 8.2, 8.3, We directed Davidson to file her letter brief by April 23, 2012. Davidson failed to comply, and we sent her another letter directing her again to file a letter brief We cautioned her that, unless the brief was filed by September 6, 2012, we would dismiss the appeal without further notice. See Tax. R. App. P. 42.3(c). To date, no brief or other correspondence has been filed with the Court. Accordingly, we dismiss the appeal. See id.
C DAVID L.BRIDGF JUSTICE 12031 1F.P05 (Lniwt uf AipiiIi fiftl! Jitrirt tf rxw at Ja1Ia JUDGMENT JOYCE DAVIDSON, Appellant Appeal from the County Court at Law No. 4 of Dallas County, Texas. (Tr.Ct.No. CC-il No. 05-12-0031 l-CV V. 07840-D).
Opinion delivered by Justice Bridges, Justices DELANO (iORI)ON AND [)E N IS E Richter and Lang participating.
GORDON. Appellees In accordance with this Court’s opinion of this date, we DiSMISS the appeal. We ORDER that appellees Delano Gordon and I)enise Gordon recover their costs, if any, of this appeal from appellant Joyce t)avidson.
Judgment entered October 9, 2012.
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DAVII) L. BRIDGES/I JUSTICE
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