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HERNANDEZ v. NATIONAL RESTORATION TECH.

No. 06-0454.

211 S.W.3d 309 (2006)

Tony HERNANDEZ and Gary Gibson, Petitioners, v. NATIONAL RESTORATION TECHNOLOGIES, L.L.C., Travelers Property Casualty Insurance Company and Travelers Lloyds of Texas Insurance Company, Respondents.

Supreme Court of Texas.

December 22, 2006.

Attorney(s) appearing for the Case

Shawn Casey, Houston, for Petitioners.

J. Robin Lindley, Buck Keenan & Gage, LLP, Nicholas E. Zito, Jack McKinley, Ramey, Chandler, McKinley & Zito, P.C., Houston, for Respondents.

PER CURIAM.

Petitioners Tony Hernandez and Gary Gibson (collectively "Hernandez") allege, and Respondents concede, that the court of appeals erroneously dismissed Hernandez's appeal as untimely due to a mistaken belief that the Harris County District Clerk's Office was open for business on January 2, 2006.

An appeal is perfected when written notice is filed with the trial court clerk. TEX. R.APP. P. 25.1(a). Notice is also to be filed with the appropriate...

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