Antonio Caballero v. Wilmington Savings Fund Society, FSB
This text of Antonio Caballero v. Wilmington Savings Fund Society, FSB (Antonio Caballero v. Wilmington Savings Fund Society, FSB) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order entered April 25, 2022
In The Court of Appeals Fifth District of Texas at Dallas
No. 05-19-01054-CV
ANTONIO CABALLERO, Appellant
V.
WILMINGTON SAVINGS FUND SOCIETY, FSB, Appellee
On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-04357
ORDER
We are in receipt of Appellee’s November 4, 2021 Motion to Enforce
Liability on Supersedeas Bond Pursuant to TEX. R. APP. P. 43.5 (Appellee’s
Motion). Appellee’s Motion first asserts that our “Court set a supersedeas bond,”
but our Court set no bond in this case at any time. Indeed, appellee’s supersedeas
bond attached to Appellee’s Motion is from the 14 th Judicial District Court of
Dallas. However, even if this Court had set the bond, Appellee’s Motion was filed
seventy-nine days after our panel opinion—nineteen days after our Court’s plenary
Order on Appellee’s November 4, 2021 Motion to Enforce Liability on Supersedeas Bond Pursuant to TEX. R. APP. P. 43.5 Page 1 of 2 period had expired. See TEX. R. APP. P. 19.1.1 For that reason, we dismiss
Appellee’s Motion for want of jurisdiction.
/s/ BILL PEDERSEN, III JUSTICE
1 Pursuant to Texas Rule of Appellate Procedure 19.1, our plenary period expires:
(a) 60 days after judgment if no timely filed motion for rehearing or en banc reconsideration, or timely filed motion to extend time to file such a motion, is then pending; or
(b) 30 days after the court overrules all timely filed motions for rehearing or en banc reconsideration, and all timely filed motions to extend time to file such a motion.
TEX. R. APP. P. 19.1 (emphasis added). Here, neither appellant nor appellees filed any motions for rehearing, en banc reconsideration, or timely filed motion to extend time to file such a motion after the August 17, 2021 date.
Order on Appellee’s November 4, 2021 Motion to Enforce Liability on Supersedeas Bond Pursuant to TEX. R. APP. P. 43.5 Page 2 of 2
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