Court of Civil Appeals of Texas, 2014

Selisa Harkey and Adrian Harkey v. the Bank of New York Mellon Trust Company

Selisa Harkey and Adrian Harkey v. the Bank of New York Mellon Trust Company
Court of Civil Appeals of Texas · Decided May 8, 2014

Selisa Harkey and Adrian Harkey v. the Bank of New York Mellon Trust Company

Opinion

Opinion filed May 8, 2014

In The Eleventh Court of Appeals __________ No. 11-14-00050-CV __________ SELISA HARKEY AND ADRIAN HARKEY, Appellants V. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. ET AL., Appellees

On Appeal from the 358th District Court Ector County, Texas Trial Court Cause No. D-134,928

MEMORANDUM OPINION Appellants, Selisa Harkey and Adrian Harkey, filed a notice of appeal in this cause from an order granting a motion for summary judgment filed by some, but not all, of the defendants. Upon receiving the clerk’s record, we issued a letter dated April 1, 2014, in which we notified Appellants that the notice of appeal was filed one day late and that the summary judgment did not appear to be final and appealable as it did not dispose of all parties. In the letter, we requested that Appellants file a response on or before April 11, 2014, pertaining to both matters.

We also informed Appellants that this appeal would be subject to dismissal if they failed to file a response showing grounds to continue. See TEX. R. APP. P. 42.3.

Appellants have not filed any response to our letter dated April 1, 2014.

Consequently, we dismiss the appeal pursuant to TEX. R. APP. P. 42.3.

This appeal is dismissed.

PER CURIAM

May 8, 2014 Panel consists of: Wright, C.J., Willson, J., and Bailey, J.

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