Carlo Motors Inc. v. Escillas De Los Santos

Opinion

Fourth Court of Appeals

San Antonio, Texas

February 1, 2019

No. 04-19-00055-CV

CARLO MOTORS INC.,

Appellant

v.

Escillas DE LOS SANTOS,

Appellee

From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2018CV05541 Honorable David J. Rodriguez, Judge Presiding

ORDER

The clerk’s record has not been filed, but in its motion for extension of time to file a notice of appeal, Appellant asserts the trial court signed a final judgment on October 18, 2018.

Assuming the trial court signed the judgment on October 18, 2018, and Appellant timely filed a motion for new trial, Appellant’s notice of appeal was due on January 16, 2019, see TEX. R. APP. P. 26.1(a), and a motion for extension of time to file a notice of appeal is due on January 31, 2019, see id. R. 26.3.

It appears that Appellant filed a notice of appeal in the trial court on January 29, 2019;

Appellant filed a motion for extension of time to file a notice of appeal in this court on the same day. See id. See generally Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (implying a motion for extension of time in certain circumstances).

Assuming the facts as stated above, as required by Rule 26.3, Appellant filed a notice of appeal in the trial court within fifteen days after the deadline for filing a notice of appeal and filed in this court a motion for extension of time that complies with Rule 10.5(b). See TEX. R. APP. P. 26.3.

Appellant’s motion for extension of time to file a notice of appeal is GRANTED.

Appellant’s notice of appeal is deemed timely filed.

_________________________________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1st day of February, 2019.

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KEITH E. HOTTLE, Clerk of Court