Lynne Duggan v. Tanglewood Villa Owners Association, Inc.
This text of Lynne Duggan v. Tanglewood Villa Owners Association, Inc. (Lynne Duggan v. Tanglewood Villa Owners Association, Inc.) 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 July 13, 2018
In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01099-CV
LYNNE DUGGAN, Appellant
V.
TANGLEWOOD VILLA OWNERS ASSOCIATION, INC., Appellee
On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. CV-16-0304
ORDER
Before the Court is appellee’s July 12, 2018 motion to reinstate. Attached to the motion
is a certified copy of the June 27, 2018 United States Bankruptcy Court’s order dismissing
appellant’s bankruptcy case with prejudice. We GRANT appellee’s motion and REINSTATE
this appeal.
Appellant filed a suggestion of bankruptcy on June 8, 2017, the same day that she filed
her motion for extension of time to file a motion for rehearing. In light of these events, we did
not rule on the extension motion and abated the appeal pending resolution of appellant’s
bankruptcy case. We now address appellant’s June 8, 2017 motion for extension of time to file a
motion for rehearing. Under the rules of appellate procedure, an appellant may file a motion for rehearing
“within 15 days after the court of appeals’ judgment . . . is rendered.” See TEX. R. APP. P. 49.1.
A court of appeals may extend the time for filing a motion for rehearing if the party “files a
motion complying with Rule 10.5(b) no later than 15 days after the last date for filing the
motion.” See TEX. R. APP. P. 49.8.
The Court issued its memorandum opinion dismissing appellant’s appeal for want of
prosecution on April 21, 2017. Appellant’s motion for rehearing, due on or before May 6, 2017,
was filed May 23, 2017. Her motion to extend time to file the motion for rehearing was due no
later than May 22, 2017; appellant filed her motion on June 8, 2017, seventeen days after it was
due. See TEX. R. APP. P. 49.1, 49.8.
We DENY appellant’s June 8, 2017 motion to extend time to file her motion for
rehearing as untimely.
/s/ MOLLY FRANCIS JUSTICE
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