James H. Gentry v. Benjamin N. Smith

Court of Appeals of Texas·Decided December 2, 2019·No. 05-18-01181-CV·Published

Opinion

Order entered December 2, 2019

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-18-01181-CV

JAMES H. GENTRY, Appellant V.

BENJAMIN N. SMITH, Appellee

On Appeal from the 199th Judicial District Court Collin County, Texas

Trial Court Cause No. 199-03888-2018

ORDER

Before the Court is appellant’s November 25, 2019 third motion for extension of time to

file motion for en banc reconsideration and rehearing. Because appellant’s motion for en banc reconsideration received by the Court on November 12, 2019 contains a verification it was placed into the prison mailbox on October 13, 2019, the motion was timely. Thus, we DENY appellant’s third motion to extend time to file his motion for en banc reconsideration as moot. As previously noted in our October 10, 2019 order, appellant’s request for an extension of time to file a panel rehearing is untimely and to the extent appellant seeks such an extension, it is DENIED.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE

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