Peveto Companies, Ltd. D/B/A Brake Check v. FASA Friction Laboratories, Inc.

• Court: Court of Appeals of Texas
• Decided: September 16, 2015
• Docket: 04-15-00570-CV
• Status: Published

Opinion

FASA Friction Laboratories,

Fourth Court of Appeals San Antonio, Texas September 16, 2015

No. 04-15-00570-CV

PEVETO COMPANIES, LTD. d/b/a Brake Check, Appellant

v.

FASA FRICTION LABORATORIES, INC., Appellee

From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2011-CI-20405 Honorable Solomon Casseb, III, Judge Presiding

ORDER Appellant Peveto Companies, Ltd. asserts the trial court signed a judgment in this case on June 10, 2015, Appellant timely filed a motion for new trial on July 2, 2015, and on August 17, 2015, the trial court denied the motion. See TEX. R. CIV. P. 306a, 329b. Under these facts, Appellant’s notice of appeal was due on September 8, 2015, see TEX. R. APP. P. 26.1(a), and a motion for extension of time to file a notice of appeal is due by September 23, 2015, see id. R. 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). On September 11, 2015, Appellant filed (1) a motion for extension of time to file a notice of appeal and (2) the notice of appeal. See TEX. R. APP. P. 26.1. Appellant’s motion for extension of time to file the notice of appeal is GRANTED. The notice of appeal is deemed timely filed. See id. R. 26.3; Verburgt, 959 S.W.2d at 617.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of September, 2015.

___________________________________ Keith E. Hottle Clerk of Court