 
 




                                       In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-18-00007-CV
                            ____________________

      JOHN C. DEATON JR. AND ELIZABETH DEATON, Appellants

                                          V.

          ENTERPRISE TE PRODUCTS PIPELINE LLC, Appellee
________________________________________________________________________

                     On Appeal from the 58th District Court
                           Jefferson County, Texas
                          Trial Cause No. A-200,797
________________________________________________________________________

                           MEMORANDUM OPINION

      On January 4, 2018, John C. Deaton Jr. and Elizabeth Deaton filed a notice of

appeal of an order signed on December 20, 2017. We docketed the appeal and

granted a fifteen-day extension of time to file a petition for a permissive appeal. See

Tex. R. App. P. 12.1, 28.3(d). On January 10, 2018, we notified the parties that the

appeal would be dismissed unless a petition for a permissive appeal was filed by the

January 19, 2018, deadline. See Tex. R. App. P. 42.3. No response has been filed.



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      A petition for a permissive appeal must be filed within fifteen days after the

order to be appealed is signed. See Tex. R. App. P. 28.3(c). An extension may be

granted if a party files the petition within fifteen days after the deadline and files a

motion for extension of time. Tex. R. App. P. 28.3(d). In this case, the appellants

filed a motion but did not file a petition within the time required. Id. Accordingly,

we dismiss the appeal. See Tex. R. App. P. 43.2(f).

      APPEAL DISMISSED.



                                               ________________________________
                                                      CHARLES KREGER
                                                             Justice

Submitted on January 31, 2018
Opinion Delivered February 1, 2018

Before McKeithen, C.J., Kreger and Horton, JJ.




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