Gleason v. Isbell

145 S.W.3d 354, 2004 Tex. App. LEXIS 8247, 2004 WL 2003638

Opinions

ORDER

PER CURIAM.

On June 21, 2004, appellant filed a “tentative interim partial motion for rehearing en banc.” On June 25, 2004, appellant filed a motion to withdraw and correct his inappropriate tentative interim partial motion for rehearing en banc. At the same time, appellant filed a motion to extend time to file a motion for rehearing en banc. See Tex.R.App. P. 49.8. On August 16, 2004, appellant filed a motion to exceed the 15-page limit and file a 50-page motion for rehearing. See Tex.R.App. P. 49.10. The court denied the motion on August 26, 2004. On August 30, 2004, appellant filed a motion for a second extension of time to file his rehearing.

The court GRANTS leave to withdraw appellant’s tentative interim partial motion for rehearing en banc and ORDERS the motion withdrawn. The court GRANTS appellant’s motion for extension of time and motion for second extension of time to file his motion for rehearing and rehearing en banc. Appellant’s motion for rehearing and motion for rehearing en banc are due on or before September 24, 2004. NO FURTHER EXTENSIONS WILL BE GRANTED ABSENT EXCEPTIONAL CIRCUMSTANCES.

FROST, J. files a concurring and dissenting opinion.