Into the Sunset Revocable Living Trust v. Design Tech Homes LP

• Court: Court of Appeals of Texas
• Decided: January 11, 2019
• Docket: 05-18-01272-CV
• Status: Published

Opinion

Order entered January 11, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01272-CV

INTO THE SUNSET REVOCABLE LIVING TRUST, Appellant

V.

DESIGN TECH HOMES, LP, Appellee

On Appeal from the 274th District Court Comal County, Texas Trial Court Cause No. C2017-2027C

ORDER Before the Court is appellant’s January 7, 2019 motion to extend the time to file a brief

and all deadlines. The clerk’s and reporter’s records have been filed and the appellate record

appears to be complete. Appellant’s brief is currently due January 28, 2019. See TEX. R. APP. P.

4.1(a), 38.6(a)(2).

The record before this Court contains an order of dismissal signed on November 28,

2018. Attached to appellant’s motion as an exhibit is a motion to modify the November 28 order

filed in the trial court. Appellant explains in its motion that the trial court still has plenary power

to sign a modified judgment, and it seeks the extension for that reason.

Although the trial court’s plenary power has not expired, this appeal moves forward.

Any subsequent order or judgment and actions relating to it may be filed in a supplemental clerk’s record. See TEX. R. APP. P. 27.3. For these reasons, we GRANT appellant’s motion to

the extent we extend the time for appellant to file a brief to February 27, 2019.

/s/ BILL WHITEHILL JUSTICE