Opinion
No. 04-13-00704-CV
10-25-2013
BILL MILLER BAR-B-Q ENTERPRISES LTD., Appellant v. Faith H. GONZALES, Appellee
From the County Court at Law No. 7, Bexar County, Texas
Trial Court No. 361586
Honorable Irene Rios, Judge Presiding
ORDER
On July 2, 2013, the trial court signed a final judgment in cause number 361586. Appellant Bill Miller B-B-Q, Inc. filed a motion for new trial on July 31, 2013. See TEX. R. CIV. P. 329b(a). The notice of appeal was due on September 30, 2013. See TEX. R. APP. P. 26.1(a).
On October 14, 2013, Appellant filed a notice of appeal and a motion for extension of time to file a notice of appeal. See id. R. 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). On October 18, 2013, Appellee filed a response opposing Appellant's motion for extension of time to file the notice of appeal. Appellee argued that Appellant's conduct was deliberate and intentional noncompliance and moved this court to deny Appellant's motion. See, e.g., Hidden Door, Inc. v. Bush, 05-05-01484-CV, 2006 WL 14276, at *1 (Tex. App.—Dallas Jan. 4, 2006, pet. denied).
Appellant's motion for extension of time to file the notice of appeal is GRANTED; the notice is deemed timely filed. See TEX. R. APP. P. 26.3; Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989) ("Any conduct short of deliberate or intentional noncompliance qualifies as inadvertence, mistake or mischance—even if that conduct can also be characterized as professional negligence."). Appellee's motion is DENIED. See Garcia, 774 S.W.2d at 670.
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Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of October, 2013.
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Keith E. Hottle
Clerk of Court