Ruth Isela Acevedo Saldana v. Sonia Patricia Hinojosa

Opinion

Fourth Court of Appeals

San Antonio, Texas

May 25, 2016

No. 04-16-00115-CV

Ruth Isela Acevedo SALDANA, Appellant

v.

Sonia Patricia HINOJOSA,

Appellee

From the 381st Judicial District Court, Starr County, Texas Trial Court No. DC-15-433 Honorable Jose Luis Garza, Judge Presiding

ORDER

We abated this appeal to permit the trial court to hold a hearing on appellant’s “Motion to Extend Post-Judgment Deadlines” and to enter written findings determining the date on which appellant and/or her attorney first either received notice of the signed judgment or acquired actual knowledge of the signing of the judgment, in accordance with Rule 4.2. See TEX. R. APP. P. 4.2(b), (c); see also TEX. R. CIV. P. 306a(4), (5). A supplemental clerk’s record containing the trial court’s written finding of the date of first notice and supplemental reporter’s record of the hearing held on the motion have been filed in this court. The trial court signed a written order finding that appellant and/or her attorney first received notice of the December 10, 2015 dismissal order on February 26, 2016. See TEX. R. APP. P. 4.2(c). Therefore, appellant’s notice of appeal filed on March 2, 2016 was timely. See TEX. R. APP. P. 4.2(a); TEX. R. CIV. P. 306a(4).

According, this appeal is retained and REINSTATED on this court’s docket. The appellant’s brief is due thirty (30) days from the date of this order.

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Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of May, 2016.

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Keith E. Hottle Clerk of Court