Warren Aldous and Michael Aldous v. Eric Bruss

Opinion

Order filed April 25, 2013.

In The

Fourteenth Court of Appeals ____________

NO. 14-11-01108-CV ____________

WARREN ALDOUS AND MICHAEL ALDOUS, Appellants

V.

ERIC BRUSS, Appellee

On Appeal from the 405th District Court Galveston County, Texas Trial Court Cause No. 09CV0104

ORDER

This court issued a Memorandum Opinion and judgment affirming the trial court’s judgment on April 4, 2013. Appellants’ motion for rehearing or reconsideration was due within 15 days after this court’s judgment was rendered. See Tex. App. P. 49.1. Therefore, appellants’ motion for rehearing or reconsideration was due on April 19, 2013. Appellant Warren Aldous filed a motion for rehearing on April 19, 2013. Appellant Michael Aldous filed a motion for en banc reconsideration on April 22, 2013, however. If a motion for rehearing or reconsideration is filed within 15 days of its due date, a party may filed a motion for extension of time. See Tex. R. App. P. 49.8. Michael Aldous’s motion was filed within 15 days of its due date, but no motion for extension of time was filed. Accordingly, we ORDER appellant Michael Aldous to file a proper motion to extend time to file the motion for reconsideration, in accordance with Rules 10.5(b) and 49.8, within 10 days of the date of this order. If appellant does not comply with this order, the court will strike the motion for reconsideration as untimely. See Tex. R. App. P. 49.1.