DISMISS and Opinion Filed May 4, 2022 

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In The 

### Court of Appeals Fifth District of Texas at Dallas No. 05-21-00986-CV VAULT VENTURES, LLC, AMER ICAN KGB, I NC., A & MS INVESTMENT, INC., J. KARIM CO RP., KRISHNA ESHANA, INC., JANICE R. STEWART, BPYS, LLC, TE XAS GIFT AND TO BACCO, INC., MY BROADWAY C STORE, INC ., ONE OLD COUNTRY TOBACCO, INC., PLAINTIFF WEISS, DARRYL J. PRUETT, AHMED CHAUDHRY, PANTA & SONS, INC., BLUE SKY BK , LLC, KOPILA INVESTMENTS, INC., ARSH GROUP, LLC, RAKESH PATEL, MUSTAFA MAHMOUD, SAI ARYA LAXMI, INC., POOR MAND INVESTMENTS, INC., NS3 ALLIANCE, INC., MOHAN LAL, US MAN & AZIZ, INC., KANAKI, LLC,

LATOYA SHRESTHA, G&A PETRO, LL C, FIVE PILLARS, INC., AND S & F LEGACY, INC., Appellants V. CITY OF MESQUITE, CLIFF KEHE LEY, MESQUITE CITY MANAGER, AND JEFF ARMSTRONG, DIRE CTOR OF PLANNING AND DEVELOPMENT SERVICES FOR THE CI TY OF MESQUITE, Appellees On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-19115 MEMORANDUM OPINION Before Justices Molberg, Reichek, and Garcia Opinion by Justice Garcia Appellants appeal from the trial cour t’s October 19, 2021 order granting the plea to the jurisdiction filed by defendants City of Mesquite and Mesquite City Manager Cliff Kehe ley and dismissing appellants’ cl aims against them. The order–2– is interlocutory because appellants’ cl aims against defendant Jeff Armstrong, Director of Planning and Development Serv ices for the City of Mesquite, remain pending. Accordingly, this is an acceler ated appeal pursuant to section 51.014(a)(8) of the civil practice and remedies code. See T EX
. C IV
. P RAC

. & R EM
. C ODE A NN
. § 51.014(a)(8) (permitting appeal of interloc utory order granting plea to jurisdiction of governmental unit). In an accelerated appeal, a notice of app eal is due within twenty days of the date the order is signed or, with an exte nsion motion, within fifteen days of the deadline. See T EX
. R. A PP
. P. 26.1(a); 26.3. Without a timely filed notice of appeal, this Court lacks jurisdiction. See See Brashear v. Victoria Gardens of McKinney,
L.L.C. , 302 S.W.3d 542, 545 (Tex. App.—Dalla s 2009, no pet.) ( op. on reh’g) (timely filing of notice of appeal jurisdictional). The notice of appeal of the trial cour t’s October 19 order was due November 8, 2021. See T EX
. R. A PP
. P. 26.1(b). Appellants filed a notice of appeal on November 10, two days past the deadline. By letters dated December 15, 2021 and January 31, 2022, the Court informed a ppellants that they could remedy the timeliness problem by filing an extension mo tion that complies with rule 10.5(b)(1) and (2). See id . 10.5(b)(1), (2); 26.3. We cautione d appellants that failure to comply may result in dismissal of the appeal wit hout further notice. The last deadline for complying has passed and appe llants have not filed an ex tension motion or otherwise–3– communicated with the Court. Accordingl y, we dismiss the appeal for want of jurisdiction. See id . 42.3(a).

210986F.P05 /Dennise Garcia/ DENNISE GARCIA JUSTICE–4– 

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Court of Appeals Fifth District of Texas at Dallas JUDGMENT
VAULT VENTURES, LLC, AMERICAN KGB, INC., A & MS INVESTMENT, INC., J. KARIM CORP., KRISHNA ESHANA, INC., JANICE R. STEWART, BPYS, LLC, TEXAS GIFT AND TOBACCO, INC., MY BROADWAY C STORE, INC., ONE OLD COUNTRY TOBACCO, INC., PLAINTIFF WEISS, DARRYL J. PRUETT, AHMED CHAUDHRY, PANTA & SONS, INC., BLUE SKY BK, LLC, KOPILA INVESTME NTS, INC., ARSH GROUP, LLC, RAKESH PATEL, MUSTAFA MAHMOUD, SAI ARYA LAXMI, INC., POORMAND INVESTMENTS, INC., NS3 ALLIANCE, INC., MOHAN LAL, USMAN & AZIZ, INC., KANAKI, LLC, LATOYA SHRESTHA, G&A PETRO, LLC, FIVE PILLARS, INC., AND S & F LEGACY, INC., Appellants On Appeal from the 44th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-20-19115. Opinion delivered by Justice Garcia. Justices Molberg and Reichek participating.–5– No. 05-21-00986-CV V. CITY OF MESQUITE, CLIFF KEHELEY, MESQUITE CITY MANAGER, AND JEFF ARMSTRONG, DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES FOR THE CITY OF MESQUITE, Appellees In accordance with this Court’s op inion of this date, the appeal is DISMISSED

. It is ORDERED that appellees CITY OF MESQUITE, CLIFF KEHELEY, MESQUITE CITY MANAGE R, AND JEFF ARMSTRONG, DIRECTOR OF PLANNING AND DEVELOPMENT SE RVICES FOR THE CITY OF MESQUITE recover their costs of this appeal from appellants VAULT VENTURES, LLC, AMERICAN KGB, INC., A & MS INVESTMENT, INC., J. KARIM CORP., KRISHNA ES HANA, INC., JANICE R. STEWART, BPYS, LLC, TEXAS GIFT AND TOBACC O, INC., MY BROADWAY C STORE, INC., ONE OLD COUNTRY TOBACCO, INC., PLAI NTIFF WEISS, DARRYL J. PRUETT, AHMED CHAUDHRY, PANTA & SONS, INC., BLUE SKY BK, LLC, KOPILA INVESTMENTS, INC., AR SH GROUP, LLC, RA KESH PATEL, MUSTAFA MAHMOUD, SAI ARYA LAXMI, INC., POORMAND INVESTMENTS, INC., NS3 ALLIANCE, INC., MOHAN LAL, USMAN & AZIZ, IN C., KANAKI, LLC, LATOYA SHRESTHA, G&A PETRO, LL C, FIVE PILLARS, INC., AND S & F LEGACY, INC.
Judgment entered May 4, 2022