DISMISS and Opinion Filed May 4, 2022 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-21-00986-CV 

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 INVESTMENTS, 

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 

V. 

CITY OF MESQUITE, CLIFF KEHELEY, MESQUITE CITY MANAGER, 

AND JEFF ARMSTRONG, DIRECTOR OF PLANNING AND 

DEVELOPMENT SERVICES FOR THE CITY 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 court’s October 19, 2021 order granting the 

plea to the jurisdiction filed by defendants City of Mesquite and Mesquite City 

Manager Cliff Keheley and dismissing appellants’ claims against them. The order 
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is interlocutory because appellants’ claims against defendant Jeff Armstrong, 

Director of Planning and Development Services for the City of Mesquite, remain 

pending. Accordingly, this is an accelerated appeal pursuant to section 51.014(a)(8) 

of the civil practice and remedies code. See TEX. CIV. PRAC. & REM. CODE ANN. 

§ 51.014(a)(8) (permitting appeal of interlocutory order granting plea to jurisdiction 

of governmental unit). 

In an accelerated appeal, a notice of appeal is due within twenty days of the 

date the order is signed or, with an extension motion, within fifteen days of the 

deadline. See TEX. R. APP. 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.—Dallas 2009, no pet.) (op. on reh’g) 

(timely filing of notice of appeal jurisdictional). 

The notice of appeal of the trial court’s October 19 order was due November 

8, 2021. See TEX. R. APP. 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 appellants that they could remedy the 

timeliness problem by filing an extension motion that complies with rule 10.5(b)(1) 

and (2). See id. 10.5(b)(1), (2); 26.3. We cautioned appellants that failure to comply 

may result in dismissal of the appeal without further notice. The last deadline for 

complying has passed and appellants have not filed an extension motion or otherwise 
 –3– 

communicated with the Court. Accordingly, we dismiss the appeal for want of 

jurisdiction. See id. 42.3(a). 

 

 

210986F.P05 

 

/Dennise Garcia/ 

DENNISE GARCIA 

JUSTICE 
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S 

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 INVESTMENTS, 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 opinion of this date, the appeal is 

DISMISSED. 

It is ORDERED that appellees CITY OF MESQUITE, CLIFF KEHELEY, 

MESQUITE CITY MANAGER, AND JEFF ARMSTRONG, DIRECTOR OF 

PLANNING AND DEVELOPMENT SERVICES 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 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 

INVESTMENTS, 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.

Judgment entered May 4, 2022