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Bill Miller Bar-B-Q Enters. Ltd. v. Gonzales

Fourth Court of Appeals San Antonio, Texas
Oct 25, 2013
No. 04-13-00704-CV (Tex. App. Oct. 25, 2013)

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.

_____________

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.

_____________

Keith E. Hottle

Clerk of Court


Summaries of

Bill Miller Bar-B-Q Enters. Ltd. v. Gonzales

Fourth Court of Appeals San Antonio, Texas
Oct 25, 2013
No. 04-13-00704-CV (Tex. App. Oct. 25, 2013)
Case details for

Bill Miller Bar-B-Q Enters. Ltd. v. Gonzales

Case Details

Full title:BILL MILLER BAR-B-Q ENTERPRISES LTD., Appellant v. Faith H. GONZALES…

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Oct 25, 2013

Citations

No. 04-13-00704-CV (Tex. App. Oct. 25, 2013)